s. 402.2

Identity theft / trafficking in identity information

Obtaining, possessing, or trafficking in another person's identity information.

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Plain-language explanation

Section 402.2 criminalizes obtaining, possessing, or transferring another person's identity information where the information will be used to commit an indictable offence involving deceit, falsehood, or fraud.

Legal elements
  • Identity information of another person
  • Knowing possession, obtaining, or transfer
  • Reasonable inference it will be used to commit a listed offence
Investigator notes
  • Often charged alongside s. 403 identity fraud and s. 380 fraud.
Section text

Everyone commits an offence who knowingly obtains or possesses another person's identity information in circumstances giving rise to a reasonable inference that the information is intended to be used to commit an indictable offence…

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