(1) A person commits the crime of aggravated identity theft if:
(a) The person violates ORS 165.800 in 10 or more separate incidents within a 180-day period;
(b) The person violates ORS 165.800 and the person has a previous conviction for aggravated identity theft;
(c) The person violates ORS 165.800 and the losses incurred in a single or aggregate transaction are $10,000 or more within a 180-day period; or
(d) The person violates ORS 165.800 and has in the person’s custody, possession or control 10 or more pieces of personal identification from 10 or more different persons.
(2) Aggravated identity theft is a Class B felony.
(3) As used in this section, “previous conviction” includes:
(a) Convictions occurring before, on or after January 1, 2008; and
(b) Convictions entered in any other state or federal court for comparable offenses.
(4) The state shall plead in the accusatory instrument and prove beyond a reasonable doubt, as an element of the offense, the previous conviction for aggravated identity theft.