(1) A person commits the crime of unlawful possession of fictitious identification if the person possesses a personal identification card containing identification information for a fictitious person with the intent to use the personal identification card to commit a crime.
(2) Unlawful possession of fictitious identification is a Class C felony.
(3) It is an affirmative defense to violating subsection (1) of this section that the person charged with the offense was under 21 years of age at the time of committing the offense and the person possessed the personal identification card solely for the purpose of enabling the person to purchase alcohol, tobacco products as defined in ORS 431A.175 or inhalant delivery systems as defined in ORS 431A.175.