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An Act
ENROLLED HOUSE
BILL NO. 3244 By: Bashore, Manger, Turner,
Provenzano, McCane, Fugate,
and Menz of the House
and
Hall of the Senate
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 425, as amended by Section 370,
Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025, Section
425), which relates to the pattern of criminal
offenses; modifying elements of certain unlawful act;
expanding scope of certain defined term; amending 21
O.S. 2021, Section 843.4, as amended by Section 194,
Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025, Section
843.4), which relates to the exploitation of elderly
or disabled persons; making certain acts unlawful;
providing penalties; defining terms; amending 21 O.S.
2021, Section 1533.1, as amended by Section 423,
Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025, Section
1533.1), which relates to identity theft; expanding
scope of crime to include specific identification
information; providing elements for aggravated
identity theft; making certain acts unlawful;
providing penalties for subsequent convictions;
providing penalties for aggravated identity theft;
authorizing the use of identity theft task force
officers; providing for the dissemination of certain
identification information; defining terms; and
providing an effective date.
SUBJECT: Crimes and punishments
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 425, as
amended by Section 370, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
2025, Section 425), is amended to read as follows:
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Section 425. A. Any person who engages in a pattern of
criminal offenses in:
1. In two or more counties in this state;
2. In two or more municipalities in this state;
3. In an unincorporated portion of a county and in a
municipality within the same county;
4. When one of the offenses was committed outside this state
and the other was committed within this state;
5. In circumstances when the initial act was committed online
through cyberspace, by a computer application, social media,
artificial intelligence, or by a cellular network, regardless of
location, and an additional act was committed inside this state; or
who
6. Who attempts or conspires with others to engage in a pattern
of criminal offenses,
shall, upon conviction, 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 by a fine in an amount not more
than Twenty-five Thousand Dollars ($25,000.00), or by both such fine
and imprisonment. Such punishment shall be in addition to any
penalty imposed for any offense involved in the pattern of criminal
offenses. Double jeopardy shall attach upon conviction.
B. For purposes of this act section, "pattern of criminal
offenses" means:
1. Two or more criminal offenses are committed that are part of
the same plan, scheme, or adventure; or
2. A sequence of two or more of the same criminal offenses are
committed and are not separated by an interval of more than thirty
(30) days between the first and second offense, the second and
third, and so on; or
3. Two or more criminal offenses are committed, each proceeding
from or having as an antecedent element a single prior incident or
pattern of fraud, robbery, burglary, theft, identity theft, receipt
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of stolen property, false personation, false pretenses, obtaining
property by trick or deception, taking a credit or debit card
without consent, organized retail theft, or the making, transferring
or receiving of a false or fraudulent identification card.
C. Jurisdiction and venue for a pattern of criminal offenses
occurring in multiple counties in this state shall be determined as
provided in Section 1 125.1 of this act Title 22 of the Oklahoma
Statutes.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 843.4, as
amended by Section 194, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
2025, Section 843.4), is amended to read as follows:
Section 843.4. A. As used in this section, "exploitation of an
elderly person or disabled adult" means:
1. Knowingly, by deception or intimidation, obtaining or using,
or endeavoring to obtain or use, an elderly person's or disabled
adult's funds, assets, or property with the intent to temporarily or
permanently deprive the elderly person or disabled adult of the use,
benefit, or possession of the funds, assets, or property, or to
benefit someone other than the elderly person or disabled adult, by
a person who:
a. stands in a position of trust and confidence with the
elderly person or disabled adult, or
b. has a business relationship with the elderly person or
disabled adult,; or
2. Obtaining or using, endeavoring to obtain or use, or
conspiring with another to obtain or use an elderly person's or
disabled adult's funds, assets, or property with the intent to
temporarily or permanently deprive the elderly person or disabled
adult of the use, benefit, or possession of the funds, assets, or
property, or to benefit someone other than the elderly person or
disabled adult, by a person who knows or reasonably should know that
the elderly person or disabled adult lacks the capacity to consent.
B. 1. If the funds, assets, or property involved in the
exploitation of the elderly person or disabled adult are valued at
One Hundred Thousand Dollars ($100,000.00) or more, the violator
commits a Class C1 felony offense punishable by imprisonment as
provided for in subsections B through E of Section 20L of this
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title, and by a fine in an amount not exceeding Ten Thousand Dollars
($10,000.00).
2. If the funds, assets, or property involved in the
exploitation of the elderly person or disabled adult are valued at
less than One Hundred Thousand Dollars ($100,000.00), the violator
commits a Class C2 felony offense punishable by imprisonment as
provided for in subsections B through F of Section 20M of this title
and by a fine in an amount not exceeding Ten Thousand Dollars
($10,000.00).
C. It shall be unlawful for a person to use coercion,
deception, enticement, intimidation, bartering, recruiting, or other
means to exploit another who has a mental illness, is vulnerable,
homeless, intellectually or developmentally disabled, elderly, a
user of drugs or alcohol, a minor, or whose legal status in this
country may be unlawful, to engage in any crime. Any person
convicted of violating the provisions of this section shall be
guilty of a felony, punishable by imprisonment in the custody of the
Department of Corrections for a term not exceeding ten (10) years,
or by a fine not exceeding Ten Thousand Dollars ($10,000.00), or by
both such fine and imprisonment.
D. It shall be unlawful for a person to engage in a pattern of
exploitation by coercion, deception, enticement, intimidation,
bartering, recruiting, or other means, of another who has a mental
illness, is vulnerable, homeless, intellectually or developmentally
disabled, elderly, a user of drugs or alcohol, a minor, or whose
legal status in this country may be unlawful, to engage in any
crime.
1. A pattern of exploitation shall be established if:
a. a person has a previous conviction under any of the
provisions of this section,
b. a person has a previous conviction for contributing to
the delinquency of a minor pursuant to Section 856 of
this title,
c. a person has a previous conviction for abuse, neglect,
exploitation, or sexual abuse of a child pursuant to
Section 843.5 of this title, or
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d. a person participated in circumstances in which the
exploited person committed criminal acts in violation
of Section 425 of this title.
2. Any person who violates the provisions of this subsection
shall be guilty of a felony, punishable by imprisonment in the
custody of the Department of Corrections for a term not exceeding
twenty (20) years, or by a fine not exceeding Twenty Thousand
Dollars ($20,000.00), or by both such fine and imprisonment.
E. For purposes of this section, "elderly person":
1. "Elderly person" means any person sixty-two (62) years of
age or older;
2. "Exploited" means any person who is deceived, enticed,
intimidated, recruited, bartered with, or in any other way
convinced, lured, or manipulated into engaging in any crime;
3. "Homeless individual" shall have the same meaning as such
term is defined in paragraph 2 of subsection A of Section 2900.1 of
Title 74 of the Oklahoma Statutes;
4. "Mental illness" shall have the same meaning as such term is
defined in Section 1-103 of Title 43A of the Oklahoma Statutes; and
5. "Minor" means any person under twenty-one (21) years of age.
SECTION 3. AMENDATORY 21 O.S. 2021, Section 1533.1, as
amended by Section 423, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
2025, Section 1533.1), is amended to read as follows:
Section 1533.1. A. It is unlawful for any person to willfully
and with fraudulent intent obtain or be in possession of the name,
address,:
1. Name;
2. Address;
3. Social Security number, date;
4. Date of birth, place;
5. Email address;
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6. Telephone number;
7. Place of business or employment, debit;
8. Debit, credit or account numbers, driver;
9. Yet-to-be-issued debit, credit, or account number;
10. Security code;
11. Personal identification number (PIN);
12. Retirement account number;
13. Check, checkbook, or deposit number;
14. Preapproved credit card or credit card number;
15. Logo of a financial institution;
16. Unique peer-to-peer payment identifier, login, or password;
17. Usernames, passwords, or username and password combinations
for any account or Internet-based platform, including a social media
account or cryptocurrency account;
18. Answers to security questions for an account;
19. Internet Protocol (IP) address;
20. Receipts or documents depicting full or partial debit or
credit card numbers;
21. Digital credit card or debit card or the full or partial
digital credit card or debit card number;
22. Any bank record or document;
23. A unique customer identifying number;
24. Digital wallet or digital key including a private key;
25. Mortgage document, deed, or other unique mortgage number or
information;
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26. Credit history or credit score;
27. Driver license or driver license number;
28. Temporarily issued driver license or temporarily issued
driver license number;
29. Identification card or identification card number;
30. Tribal card or tribal card number;
31. Voter registration card or information;
32. Medical marijuana card or medical marijuana card number;
33. Casino card or casino card number;
34. Employment or school access card or number;
35. Government access card or number;
36. Vehicle identification number;
37. Vehicle license plate or vehicle license plate number;
38. Unique identifying number of an auto dealer;
39. Turnpike account information or number;
40. Insurance policy number;
41. Title of a vehicle;
42. International Mobile Subscriber Identity (IMSI) number or
IMSI information;
43. International Mobile Equipment Identifier (IMEI) or IMEI
information;
44. Subscriber Identity Module (SIM) or SIM information;
45. A frequency or signal transmitted by a motor vehicle;
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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. Government benefits number or government benefits card;
48. Tax documents or information contained in such documents;
49. Employer identification number (EIN);
50. Passport;
51. Notary stamp;
52. Medical document;
53. Biometric data;
54. Voice;
55. Fingerprints or footprints;
56. Retinal scan;
57. Deoxyribonucleic acid (DNA) or other biological
characteristic;
58. Unique medical identification numbers or medical history
information;
59. Military document containing any type of personal or
sensitive military identification numbers or information;
60. Opened or unopened mail not addressed to the person
possessing it; or any
61. Any other personal 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,
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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 or, 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.
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.
C. It shall be unlawful for any person, business, or company to
willfully and with fraudulent intent:
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. 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.
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.
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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.
C. 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.
D. 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.
E. H. Any person convicted of violating any provision of this
section shall be guilty of identity theft. Any person who violates
the provisions of subsection A, B or D of this section shall, upon
and shall be punished as follows:
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. Any person who violates the provisions
of subsection A, B or D of this section, and the victim is an
individual who is less than eighteen (18) years of age, shall, upon;
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. Any person who violates the provisions of subsection
C of this section shall, upon; and
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3. Upon a third or subsequent conviction, the person shall be
guilty of a misdemeanor felony punishable by imprisonment in the
county jail custody of the Department of Corrections for a term of
not to exceed one (1) year, or a fine not to exceed One Hundred
Thousand Dollars ($100,000.00), or by both such fine and
imprisonment 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.
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.
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.
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.
L. For purposes of this section:
1. "Elderly person" means any individual sixty-two (62) years
of age or older;
2. "Minor" means any individual under twenty-one (21) years of
age; and
3. "Synthetic identity" means:
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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
b. fabricated information used to represent a person,
business, or company but whose identity cannot be
reasonably confirmed.
SECTION 4. This act shall become effective November 1, 2026.
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Passed the House of Representatives the 26th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 29th day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________