SB 163

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,  1
  2907.323, and 2913.49 and to enact sections  2
  1349.13 and 1349.14 of the Revised Code to  3
  require AI-generated products to have a  4
  watermark, to prohibit simulated child  5
  pornography, and to prohibit identity fraud  6
  using a replica of a person.  7
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
      Section 1. That sections 1345.51, 2907.321, 2907.322,  8
2907.323, and 2913.49 be amended and sections 1349.13 and  9
1349.14 of the Revised Code be enacted to read as follows:  10
      Sec. 1345.51. There is hereby created in the state  11
treasury the consumer protection enforcement fund. The fund  12
shall include civil penalties ordered pursuant to divisions (A)  13
and (D) of section 1345.07 of the Revised Code and paid as  14
provided in division (G) of that section, all civil penalties  15
ordered pursuant to division (F) of section 1349.13 of the  16
Revised Code, all civil penalties assessed under division (A) of  17
section 1349.192 of the Revised Code, all costs awarded to the  18
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attorney general and all penalties imposed under section 4549.48  19
of the Revised Code, and all money unclaimed under section  20
4549.50 of the Revised Code. The money in the consumer  21
protection enforcement fund shall be used for the sole purpose  22
of paying expenses incurred by the consumer protection section  23
of the office of the attorney general.  24
       Sec. 1349.13. (A) As used in this section and section  25
1349.14 of the Revised Code:  26
       (1)(a) "Covered provider" means a person or entity that  27
creates, codes, or otherwise produces a generative artificial  28
intelligence system that is publicly accessible by consumers  29
within the state for personal use.  30
       (b) "Covered provider" does not include business-to-  31
business use of generative artificial intelligence systems for a  32
purpose not otherwise prohibited by law.  33
       (2) "Generative artificial intelligence system" means an  34
artificial intelligence system that can generate derived  35
synthetic content, including text, images, video, and audio that  36
emulates the structure and characteristics of the system's  37
input.  38
       (3) "Provenance data" means information that is embedded  39
or attached to help determine the origin of digitally generated  40
content and its history of modification.  41
       (4) "Watermark" means a visible signal embedded within a  42
generative artificial intelligence system generated image or  43
video that clearly attributes the creation of such product to a  44
generative artificial intelligence system.  45
       (B)(1) Generative artificial intelligence systems shall be  46
programmed to provide a distinctive watermark on any generative  47
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artificial intelligence system generated image or video that  48
informs the user that the particular image or video was  49
generated using a generative artificial intelligence system.  50
       (2) A covered provider shall include provenance data in  51
any content created by the covered provider's generative  52
artificial intelligence system.  53
       (C) No person shall knowingly and with the intent to  54
deceive a third party remove a watermark required by this  55
section with the purpose of concealing that the product was  56
generated using a generative artificial intelligence system.  57
       (D) No person shall knowingly and with the intent to  58
deceive a third party distribute content fully generated by a  59
generative artificial intelligence system with false information  60
about the authenticity of the content.  61
       (E) Any person aggrieved by a violation of divisions (B)  62
to (D) this section has and may commence a civil action against  63
the violator for damages that result from the violation if both  64
of the following are met:  65
       (1) The person files a complaint with the attorney general  66
requesting that the attorney general file an action under  67
division (F) of this section against the violator.  68
       (2) The attorney general does not file an action against  69
the violator within six months after the date the person files  70
the complaint.  71
       (F) In addition to the civil action authorized under  72
division (E) of this section, the attorney general may commence  73
a civil action against a person that violates divisions (B) to  74
(D) of this section for injunctive relief and, in the case of a  75
person that violates division (C) of this section, a civil  76
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penalty of up to ten thousand dollars. All civil penalties  77
collected under this division shall be deposited to the consumer  78
protection enforcement fund created by section 1345.51 of the  79
Revised Code.  80
       Sec. 1349.14. (A)(1) The attorney general may investigate  81
reasonable allegations that a person has violated divisions (B)  82
to (D) of section 1349.13 of the Revised Code.  83
       (2) For this purpose, the attorney general may administer  84
oaths, subpoena witnesses, adduce evidence, and require the  85
production of relevant matter for the purposes of an  86
investigation under this section.  87
       If matter that the attorney general requires to be  88
produced is located outside the state, the attorney general may  89
designate representatives, including officials of the state in  90
which the matter is located, to inspect the matter on the  91
attorney general's behalf, and the attorney general may respond  92
to similar requests from officials of other states. The person  93
subpoenaed may make the matter available to the attorney general  94
at a convenient location within the state or pay the reasonable  95
and necessary expenses for the attorney general or the attorney  96
general's representative to examine the matter at the place  97
where it is located, provided that expenses shall not be charged  98
to a party not subsequently found to have engaged in an act or  99
practice violative of divisions (B) to (D) of section 1349.13 of  100
the Revised Code.  101
       (B) Within twenty days after a subpoena is served, a  102
person subpoenaed under this section may file a motion to extend  103
the return day, or to modify or quash the subpoena, stating good  104
cause, in the court of common pleas of Franklin county or any  105
other county in this state.  106
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       (C) A person subpoenaed under this section shall comply  107
with the terms of the subpoena, unless the parties agree to  108
modify the terms of the subpoena or unless the court has  109
modified or quashed the subpoena, extended the return day of the  110
subpoena, or issued any other order with respect to the subpoena  111
prior to its return day.  112
       If a person fails without lawful excuse to obey a subpoena  113
or to produce relevant matter, the attorney general may apply to  114
the court of common pleas of Franklin county or any other county  115
in this state for an order compelling compliance.  116
       (D) The attorney general may request that an individual  117
who refuses to testify or to produce relevant matter on the  118
ground that the testimony or matter may incriminate the  119
individual be ordered by the court to provide the testimony or  120
matter. With the exception of a prosecution under this section,  121
an individual who complies with a court order to provide  122
testimony or matter, after asserting a privilege against self-  123
incrimination to which the individual is entitled by law, shall  124
not be subjected to a criminal proceeding or to a civil penalty  125
or forfeiture on the basis of the testimony or matter required  126
to be disclosed or testimony or matter discovered through that  127
testimony or matter.  128
       (E) The attorney general may:  129
       (1) During an investigation under this section, afford, in  130
a manner considered appropriate to the attorney general, a  131
covered provider an opportunity to cease and desist from any  132
suspected violation. The attorney general may suspend such an  133
investigation during the time period that the attorney general  134
permits the covered provider to cease and desist; however, the  135
suspension of the investigation or the affording of an  136
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opportunity to cease and desist shall not prejudice or prohibit  137
any further investigation by the attorney general under this  138
section.  139
       (2) Terminate an investigation under this section upon  140
acceptance of a written assurance of voluntary compliance from a  141
covered provider who is suspected of a violation of divisions  142
(B) to (D) of section 1349.13 of the Revised Code.  143
       Acceptance of an assurance may be conditioned upon an  144
undertaking to reimburse or to take other appropriate corrective  145
action with respect to identifiable individuals damaged by an  146
alleged violation of divisions (B) to (D) of section 1349.13 of  147
the Revised Code. An assurance of compliance given by a provider  148
is not evidence of violation of divisions (B) to (D) of section  149
1349.13 of the Revised Code. The attorney general may, at any  150
time, reopen an investigation terminated by the acceptance of an  151
assurance of voluntary compliance if the attorney general  152
believes that further proceedings are in the public interest.  153
Evidence of a violation of an assurance of voluntary compliance  154
is prima facie evidence of an act or practice in violation of  155
divisions (B) to (D) of section 1349.13 of the Revised Code, if  156
presented after the violation in an action brought under this  157
chapter. An assurance of voluntary compliance may be filed with  158
the court and if approved by the court, entered as a consent  159
judgment.  160
       (F) The procedures available to the attorney general under  161
this section are cumulative and concurrent, and the exercise of  162
one procedure by the attorney general does not preclude or  163
require the exercise of any other procedure.  164
       Sec. 2907.321. (A) No person, with knowledge of the  165
character of the material or performance involved, shall do any  166
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of the following:  167
       (1) Create, reproduce, or publish any obscene material  168
that has a minor, a depiction of a purported minor, or an  169
impaired person as one of its participants or portrayed  170
observers;  171
       (2) Promote or advertise for sale or dissemination; sell,  172
deliver, disseminate, display, exhibit, present, rent, or  173
provide; or offer or agree to sell, deliver, disseminate,  174
display, exhibit, present, rent, or provide, any obscene  175
material that has a minor, a depiction of a purported minor, or  176
an impaired person as one of its participants or portrayed  177
observers;  178
       (3) Create, direct, or produce an obscene performance that  179
has a minor, a depiction of a purported minor, or an impaired  180
person as one of its participants;  181
       (4) Advertise or promote for presentation, present, or  182
participate in presenting an obscene performance that has a  183
minor, a depiction of a purported minor, or an impaired person  184
as one of its participants;  185
       (5) Buy, procure, possess, or control any obscene  186
material, that has a minor, a depiction of a purported minor, or  187
an impaired person as one of its participants;  188
       (6) Bring or cause to be brought into this state any  189
obscene material that has a minor, a depiction of a purported  190
minor, or an impaired person as one of its participants or  191
portrayed observers.  192
       (B)(1) This section does not apply to any material or  193
performance that is sold, disseminated, displayed, possessed,  194
controlled, brought or caused to be brought into this state, or  195
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presented for a bona fide medical, scientific, educational,  196
religious, governmental, judicial, or other proper purpose, by  197
or to a physician, psychologist, sociologist, scientist,  198
teacher, person pursuing bona fide studies or research,  199
librarian, member of the clergy, prosecutor, judge, or other  200
person having a proper interest in the material or performance.  201
       (2) Mistake of age is not a defense to a charge under this  202
section.  203
       (3) In a prosecution under this section, the trier of fact  204
may infer that a person in the material or performance involved  205
is a minor, a depiction of a purported minor, or an impaired  206
person if the material or performance, through its title, text,  207
visual representation, or otherwise, represents or depicts the  208
person as a minor, a depiction of a purported minor, or an  209
impaired person.  210
       (C) Whoever violates this section is guilty of pandering  211
obscenity involving a minor, a depiction of a purported minor,  212
or an impaired person. If the offense involves a minor or a  213
depiction of a purported minor, a violation of division (A)(1),  214
(2), (3), (4), or (6) of this section is a felony of the second  215
degree. If the offense involves an impaired person, a violation  216
of division (A)(1), (2), (3), (4), or (6) of this section is a  217
felony of the third degree. A violation of division (A)(5) of  218
this section is a felony of the fourth degree.   If the offender  219
previously has been convicted of or pleaded guilty to a  220
violation of this section or section 2907.322 or 2907.323 of the  221
Revised Code, pandering obscenity involving a minor, a depiction  222
of a purported minor, or an impaired person in violation of  223
division (A)(5) of this section is a felony of the third degree.  224
       (D) As used in this section and sections 2907.322 and  225
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2907.323 of the Revised Code, "impaired :  226
       (1) "Artificially generated depiction" means a visual  227
depiction of an actual person that was created or edited by  228
artificial intelligence or other computer-generated means and  229
that a reasonable person would believe depicts or represents an  230
actual person who is identifiable by the person's face,  231
likeness, or other distinguishing characteristic.  232
       (2) "Depiction of a purported minor" means a visual  233
representation that appears to depict an actual minor that a  234
reasonable person would believe depicts or represents an actual  235
minor but may or may not depict an actual minor.  236
       (3) "Impaired person" means a person whose ability to  237
resist or consent is substantially impaired because of a mental  238
or physical condition or because of advanced age, and the  239
offender knows or has reasonable cause to believe that the other  240
person's ability to resist or consent is substantially impaired  241
because of a mental or physical condition or because of advanced  242
age.  243
       Sec. 2907.322. (A) No person, with knowledge of the  244
character of the material or performance involved, shall do any  245
of the following:  246
       (1) Create, record, photograph, film, develop, reproduce,  247
or publish any material that shows a minor, an artificially  248
generated depiction of a minor, or an impaired person  249
participating or engaging in sexual activity, masturbation, or  250
bestiality;  251
       (2) Advertise for sale or dissemination, sell, distribute,  252
transport, disseminate, exhibit, or display any material that  253
shows a minor, an artificially generated depiction of a minor,  254
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or an impaired person participating or engaging in sexual  255
activity, masturbation, or bestiality;  256
       (3) Create, direct, or produce a performance that shows a  257
minor, an artificially generated depiction of a minor, or an  258
impaired person participating or engaging in sexual activity,  259
masturbation, or bestiality;  260
       (4) Advertise for presentation, present, or participate in  261
presenting a performance that shows a minor, an artificially  262
generated depiction of a minor, or an impaired person  263
participating or engaging in sexual activity, masturbation, or  264
bestiality;  265
       (5) Knowingly solicit, receive, purchase, exchange,  266
possess, or control any material that shows a minor, an  267
artificially generated depiction of a minor, or an impaired  268
person participating or engaging in sexual activity,  269
masturbation, or bestiality;  270
       (6) Bring or cause to be brought into this state any  271
material that shows a minor, an artificially generated depiction  272
of a minor, or an impaired person participating or engaging in  273
sexual activity, masturbation, or bestiality;  274
       (7) Bring, cause to be brought, or finance the bringing of  275
any minor or impaired person into or across this state with the  276
intent that the minor or impaired person engage in sexual  277
activity, masturbation, or bestiality in a performance or for  278
the purpose of producing material containing a visual  279
representation depicting the minor, artificially generated  280
depiction of the minor, or impaired person engaged in sexual  281
activity, masturbation, or bestiality.  282
       (B)(1) This section does not apply to any material or  283
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performance that is sold, disseminated, displayed, possessed,  284
controlled, brought or caused to be brought into this state, or  285
presented for a bona fide medical, scientific, educational,  286
religious, governmental, judicial, or other proper purpose, by  287
or to a physician, psychologist, sociologist, scientist,  288
teacher, person pursuing bona fide studies or research,  289
librarian, member of the clergy, prosecutor, judge, or other  290
person having a proper interest in the material or performance.  291
       (2) Mistake of age is not a defense to a charge under this  292
section.  293
       (3) In a prosecution under this section, the trier of fact  294
may infer that a person in the material or performance involved  295
is a minor, an artificially generated depiction of a minor, or  296
an impaired person if the material or performance, through its  297
title, text, visual representation, or otherwise, represents or  298
depicts the person as a minor, an artificially generated  299
depiction of a minor, or an impaired person.  300
       (C) Whoever violates this section is guilty of pandering  301
sexually oriented matter involving a minor, an artificially  302
generated depiction of a minor, or an impaired person. If the  303
offense involves a minor or an artificially generated depiction  304
of a minor, a violation of division (A)(1), (2), (3), (4), (6),  305
or (7) of this section is a felony of the second degree. If the  306
offense involves an impaired person, a violation of division (A)  307
(1), (2), (3), (4), (6), or (7) of this section is a felony of  308
the third degree. Violation of division (A)(5) of this section  309
is a felony of the fourth degree. If the offender previously has  310
been convicted of or pleaded guilty to a violation of this  311
section or section 2907.321 or 2907.323 of the Revised Code,  312
pandering sexually oriented matter involving a minor, an  313
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artificially generated depiction of a minor, or an impaired  314
person in violation of division (A)(5) of this section is a  315
felony of the third degree.  316
       Sec. 2907.323. (A) No person shall do any of the  317
following:  318
       (1) Photograph any minor or impaired person who is not the  319
person's child or ward in a state of nudity, or create, direct,  320
produce, or transfer any material or performance that shows the  321
minor, artificially generated depiction of the minor, or  322
impaired person in a state of nudity, unless both of the  323
following apply:  324
       (a) The material or performance is, or is to be, sold,  325
disseminated, displayed, possessed, controlled, brought or  326
caused to be brought into this state, or presented for a bona  327
fide artistic, medical, scientific, educational, religious,  328
governmental, judicial, or other proper purpose, by or to a  329
physician, psychologist, sociologist, scientist, teacher, person  330
pursuing bona fide studies or research, librarian, member of the  331
clergy, prosecutor, judge, or other person having a proper  332
interest in the material or performance;  333
       (b) The minor's or impaired person's parents, guardian, or  334
custodian consents in writing to the photographing of the minor  335
or impaired person, to the use of the minor, artificially  336
generated depiction of the minor, or impaired person in the  337
material or performance, or to the transfer of the material and  338
to the specific manner in which the material or performance is  339
to be used.  340
       (2) Consent to the photographing of the person's child or  341
ward who is a minor or impaired person, or photograph the  342
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As Passed by the Senate
person's child or ward who is a minor or impaired person, in a  343
state of nudity or consent to the use of the person's child or  344
ward who is a minor, an artificially generated depiction of the  345
minor, or an impaired person in a state of nudity in any  346
material or performance, or use or transfer a material or  347
performance of that nature, unless the material or performance  348
is sold, disseminated, displayed, possessed, controlled, brought  349
or caused to be brought into this state, or presented for a bona  350
fide artistic, medical, scientific, educational, religious,  351
governmental, judicial, or other proper purpose, by or to a  352
physician, psychologist, sociologist, scientist, teacher, person  353
pursuing bona fide studies or research, librarian, member of the  354
clergy, prosecutor, judge, or other person having a proper  355
interest in the material or performance;  356
       (3) Possess or view any material or performance that shows  357
a minor, an artificially generated depiction of a minor, or an  358
impaired person who is not the person's child or ward in a state  359
of nudity, unless one of the following applies:  360
       (a) The material or performance is sold, disseminated,  361
displayed, possessed, controlled, brought or caused to be  362
brought into this state, or presented for a bona fide artistic,  363
medical, scientific, educational, religious, governmental,  364
judicial, or other proper purpose, by or to a physician,  365
psychologist, sociologist, scientist, teacher, person pursuing  366
bona fide studies or research, librarian, member of the clergy,  367
prosecutor, judge, or other person having a proper interest in  368
the material or performance.  369
       (b) The person knows that the minor's or impaired person's  370
parents, guardian, or custodian has consented in writing to the  371
photographing or use of the minor, artificially generated  372
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depiction of the minor, or impaired person in a state of nudity  373
and to the manner in which the material or performance is used  374
or transferred.  375
       (B) Whoever violates this section is guilty of illegal use  376
of a minor, an artificially generated depiction of a minor, or  377
an impaired person in a nudity-oriented material or performance.  378
If the offense involves a minor or an artificially generated  379
depiction of a minor, whoever violates division (A)(1) or (2) of  380
this section is guilty of a felony of the second degree. If the  381
offense involves an impaired person, whoever violates division  382
(A)(1) or (2) of this section is guilty of a felony of the third  383
degree. Except as otherwise provided in this division, whoever  384
violates division (A)(3) of this section is guilty of a felony  385
of the fifth degree. If the offender previously has been  386
convicted of or pleaded guilty to a violation of this section or  387
section 2907.321 or 2907.322 of the Revised Code, illegal use of  388
a minor, an artificially generated depiction of a minor, or an  389
impaired person in a nudity-oriented material or performance in  390
violation of division (A)(3) of this section is a felony of the  391
fourth degree. If the offender who commits a violation of  392
division (A)(1) or (2) of this section that involves a minor or  393
an artificially generated depiction of a minor also is convicted  394
of or pleads guilty to a specification as described in section  395
2941.1422 of the Revised Code that was included in the  396
indictment, count in the indictment, or information charging the  397
offense, the court shall sentence the offender to a mandatory  398
prison term as provided in division (B)(7) of section 2929.14 of  399
the Revised Code and shall order the offender to make  400
restitution as provided in division (B)(8) of section 2929.18 of  401
the Revised Code.  402
       Sec. 2913.49. (A) As used in this section, "personal :  403
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       (1) "Personal identifying information" includes, but is  404
not limited to, the following: the name, address, telephone  405
number, driver's license, driver's license number, commercial  406
driver's license, commercial driver's license number, state  407
identification card, state identification card number, social  408
security card, social security number, birth certificate, place  409
of employment, employee identification number, mother's maiden  410
name, demand deposit account number, savings account number,  411
money market account number, mutual fund account number, other  412
financial account number, personal identification number,  413
password, or credit card number of a living or dead individual.  414
       (2) "Replica of a person's persona" or "replica" means a  415
modified or fabricated version of an individual's voice,  416
photograph, image, likeness, or distinctive appearance that is  417
created or presented in a manner that it appears to be the  418
individual's authentic persona. The term includes the  419
modifications and fabrications produced in whole or in part by  420
generative artificial intelligence systems.  421
       (3) "Generative artificial intelligence system" has the  422
same meaning as in section 1349.13 of the Revised Code.  423
       (B) No person, without the express or implied consent of  424
the other person, shall use, obtain, or possess any personal  425
identifying information of another person with intent to do  426
either of the following:  427
       (1) Hold the person out to be the other person;  428
       (2) Represent the other person's personal identifying  429
information as the person's own personal identifying  430
information.  431
       (C) No person shall create, obtain, possess, or use the  432
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personal identifying information of any person with the intent  433
to aid or abet another person in violating division (B) of this  434
section.  435
       (D) No person, with intent to defraud, shall permit  436
another person to use the person's own personal identifying  437
information or a replica of the person's persona.  438
       (E) No person who is permitted to use another person's  439
personal identifying information as described in division (D) of  440
this section shall use, obtain, or possess the other person's  441
personal identifying information with intent to defraud any  442
person by doing any act identified in division (B)(1) or (2) of  443
this section.  444
       (F)(1) (F) No person shall create or use a replica of a  445
person's persona in order to knowingly or intentionally induce  446
any other person to make a financial decision or extend credit  447
to any person in reliance on the replica without the express  448
consent of the individual whose persona is replicated.  449
       (G) No person shall create or use a replica with the  450
intent to damage any person's or entity's reputation, including  451
the reputation of the individual whose persona is replicated.  452
       (H) No person shall create, use, or disseminate a replica  453
of a person's persona who is not a minor or impaired person in a  454
manner that depicts the individual whose persona is replicated  455
in a state of nudity, engaging in sexual activity, or in any  456
obscene material without the consent of the individual whose  457
persona is replicated.  458
       (I) No person shall create, use, or disseminate a replica  459
of a person's persona for the purposes of violating or  460
attempting to violate section 2905.05 of the Revised Code.  461
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       (J)(1) It is an affirmative defense to a charge under  462
division (B) of this section that the person using the personal  463
identifying information is acting in accordance with a legally  464
recognized guardianship or conservatorship or as a trustee or  465
fiduciary.  466
       (2) It is an affirmative defense to a charge under  467
division (B), (C), (D), or (E) of this section that either of  468
the following applies:  469
       (a) The person or entity using, obtaining, possessing, or  470
creating the personal identifying information or replica, or  471
permitting it to be used, is a law enforcement agency,  472
authorized fraud personnel, or a representative of or attorney  473
for a law enforcement agency or authorized fraud personnel and  474
is using, obtaining, possessing, or creating the personal  475
identifying information or replica, or permitting it to be used,  476
with prior consent given as specified in this division, in a  477
bona fide investigation, an information security evaluation, a  478
pretext calling evaluation, or a similar matter. The prior  479
consent required under this division shall be given by the  480
person whose personal identifying information or replica is  481
being used, obtained, possessed, or created or is being  482
permitted to be used or, if the person whose personal  483
identifying information or replica is being used, obtained,  484
possessed, or created or is being permitted to be used is  485
deceased, by that deceased person's executor, or a member of  486
that deceased person's family, or that deceased person's  487
attorney. The prior consent required under this division may be  488
given orally or in writing by the person whose personal  489
identifying information or replica is being used, obtained,  490
possessed, or created or is being permitted to be used or that  491
person's executor, or family member, or attorney.  492
Sub. S. B. No. 163  Page 18
As Passed by the Senate
       (b) The personal identifying information or replica was  493
obtained, possessed, used, created, or permitted to be used for  494
a lawful purpose, provided that division (F)(2)(b) (J)(2)(b) of  495
this section does not apply if the person or entity using,  496
obtaining, possessing, or creating the personal identifying  497
information or replica, or permitting it to be used, is a law  498
enforcement agency, authorized fraud personnel, or a  499
representative of or attorney for a law enforcement agency or  500
authorized fraud personnel that is using, obtaining, possessing,  501
or creating the personal identifying information or replica, or  502
permitting it to be used, in an investigation, an information  503
security evaluation, a pretext calling evaluation, or similar  504
matter.  505
       (G) (K) It is not a defense to a charge under this section  506
that the person whose personal identifying information or  507
replica was obtained, possessed, used, created, or permitted to  508
be used was deceased at the time of the offense.  509
       (H)(1) (L)(1) If an offender commits a violation of  510
division (B), (D), or (E) of this section and the violation  511
occurs as part of a course of conduct involving other violations  512
of division (B), (D), or (E) of this section or violations of,  513
attempts to violate, conspiracies to violate, or complicity in  514
violations of division (C) of this section or section 2913.02,  515
2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13  516
of the Revised Code, the court, in determining the degree of the  517
offense pursuant to division (I) (M) of this section, may  518
aggregate all credit, property, or services obtained or sought  519
to be obtained by the offender and all debts or other legal  520
obligations avoided or sought to be avoided by the offender in  521
the violations involved in that course of conduct. The course of  522
conduct may involve one victim or more than one victim.  523
Sub. S. B. No. 163  Page 19
As Passed by the Senate
       (2) If an offender commits a violation of division (C) of  524
this section and the violation occurs as part of a course of  525
conduct involving other violations of division (C) of this  526
section or violations of, attempts to violate, conspiracies to  527
violate, or complicity in violations of division (B), (D), or  528
(E) of this section or section 2913.02, 2913.04, 2913.11,  529
2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised  530
Code, the court, in determining the degree of the offense  531
pursuant to division (I) (M) of this section, may aggregate all  532
credit, property, or services obtained or sought to be obtained  533
by the person aided or abetted and all debts or other legal  534
obligations avoided or sought to be avoided by the person aided  535
or abetted in the violations involved in that course of conduct.  536
The course of conduct may involve one victim or more than one  537
victim.  538
       (I)(1) (M)(1) Whoever violates this section is guilty of  539
identity fraud.  540
       (2) Except as otherwise provided in this division or  541
division (I)(3) (M)(3) of this section, identity fraud is a  542
felony of the fifth degree. If the value of the credit,  543
property, services, debt, or other legal obligation involved in  544
the violation or course of conduct is one thousand dollars or  545
more and is less than seven thousand five hundred dollars,  546
except as otherwise provided in division (I)(3) (M)(3) of this  547
section, identity fraud is a felony of the fourth degree. If the  548
value of the credit, property, services, debt, or other legal  549
obligation involved in the violation or course of conduct is  550
seven thousand five hundred dollars or more and is less than one  551
hundred fifty thousand dollars, except as otherwise provided in  552
division (I)(3) (M(3) of this section, identity fraud is a  553
felony of the third degree. If the value of the credit,  554
Sub. S. B. No. 163  Page 20
As Passed by the Senate
property, services, debt, or other legal obligation involved in  555
the violation or course of conduct is one hundred fifty thousand  556
dollars or more, except as otherwise provided in division (I)(3)  557
(M)(3) of this section, identity fraud is a felony of the second  558
degree.  559
       (3) If the victim of the offense is a minor, an elderly  560
person, disabled adult, active duty service member, or spouse of  561
an active duty service member, a violation of this section is  562
identity fraud against a person in a protected class. Except as  563
otherwise provided in this division, identity fraud against a  564
person in a protected class is a felony of the fourth degree. If  565
the value of the credit, property, services, debt, or other  566
legal obligation involved in the violation or course of conduct  567
is one thousand dollars or more and is less than seven thousand  568
five hundred dollars, identity fraud against a person in a  569
protected class is a felony of the third degree. If the value of  570
the credit, property, services, debt, or other legal obligation  571
involved in the violation or course of conduct is seven thousand  572
five hundred dollars or more and is less than one hundred fifty  573
thousand dollars, identity fraud against a person in a protected  574
class is a felony of the second degree. If the value of the  575
credit, property, services, debt, or other legal obligation  576
involved in the violation or course of conduct is one hundred  577
fifty thousand dollars or more, identity fraud against a person  578
in a protected class is a felony of the first degree. If the  579
victim of the offense is an elderly person, in addition to any  580
other penalty imposed for the offense, the offender shall be  581
required to pay full restitution to the victim and to pay a fine  582
of up to fifty thousand dollars. The clerk of court shall  583
forward all fines collected under this division (I)(3) of this  584
section to the county department of job and family services to  585
Sub. S. B. No. 163  Page 21
As Passed by the Senate
be used for the reporting and investigation of elder abuse,  586
neglect, and exploitation or for the provision or arrangement of  587
protective services under sections 5101.61 to 5101.71 of the  588
Revised Code.  589
       (J) (N) In addition to the penalties described in division  590
(I) (M) of this section, anyone injured in person or property by  591
a violation of division (B), (D), or (E) of this section who is  592
the owner of the identifying information involved, or whose  593
persona is replicated, in that violation has a civil action  594
against the offender pursuant to section 2307.60 of the Revised  595
Code. That person may also bring a civil action to enjoin or  596
restrain future acts that would constitute a violation of  597
division (B), (D), or (E) of this section.  598
       (O) In addition to the penalties described in division (M)  599
of this section, any person injured in person or property by a  600
violation of division (H) of this section by a replica of the  601
person's persona has a civil action against the offender  602
pursuant to section 2307.66 of the Revised Code.  603
       (P) This section does not apply to any information service  604
or system provider that provides or enables computer access by  605
multiple users to a computer server for libraries or educational  606
institutions, including a service or system that provides access  607
to the internet.  608
       (Q) This section does not apply to the provider or  609
developer of any technology used in the creation of a replica of  610
a person's persona, unless the provider or developer is the same  611
entity committing a violation of this section.  612
       Section 2. That existing sections 1345.51, 2907.321,  613
2907.322, 2907.323, and 2913.49 of the Revised Code are hereby  614
Sub. S. B. No. 163        Page 22
As Passed by the Senate
repealed.  615