Elements of Trafficking in Identity Information – Section 402.2(2)

Date, Time and Location

Identity of the Accused

Actions of Accused – Mental Element

The accused must traffick in “identity information”
- Trafficking is defined in this section as
  - transmits, makes available, distributes, sells or offers for sale
- “Identity Information” is also defined in this section
Intent – Recklessness
- There is no need to prove that the accused was intending to use the identity information for fraud
- The facts should show that the accused was “reckless” with regards to the fact that this information could be used for fraudulent types of crime, like the ones mentioned in Section 402.2(3).

Related Links:

Identity Crime – Homepage

Statutory wording:

Section 402.2(2) – Trafficking in Identity Information

Key Definitions

“Identity Information”

Indictable Offences with elements of Fraud, Deceit, Falsehood

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