2C:21-17.3Trafficking in personal identifying information pertaining to another person, certain; crime degrees; terms defined
6.
a. A person who knowingly distributes, manufactures or possesses any
item containing personal identifying information pertaining to another
person, without that persons authorization, and with knowledge that the
actor is facilitating a fraud or injury to be perpetrated by anyone is
guilty of a crime of the fourth degree.
b.
(1) If the person distributes, manufactures or possesses 20 or more
items containing personal identifying information pertaining to another
person, or five or more items containing personal information pertaining
to five or more separate persons, without authorization, and with
knowledge that the actor is facilitating a fraud or injury to be
perpetrated by anyone the person is guilty of a crime of the third
degree.
(2)If
the person distributes, manufactures or possesses 50 or more items
containing personal identifying information pertaining to another
person, or ten or more items containing personal identifying information
pertaining to five or more separate persons, without authorization, and
with knowledge that the actor is facilitating a fraud or injury to be
perpetrated by anyone the person is guilty of a crime of the second
degree.
c.Distribution,
manufacture or possession of 20 or more items containing personal
identifying information pertaining to another person or of items
containing personal identifying information pertaining to five or more
separate persons without authorization shall create an inference that
the items were distributed, manufactured or possessed with knowledge
that the actor is facilitating a fraud or injury to be perpetrated by
anyone.
d.As used in this section:
Distribute
means, but is not limited to, any sale, purchase, transfer, gift,
delivery, or provision to another, regardless of whether the
distribution was for compensation.
Item
means a writing or document, whether issued by a governmental agency or
made by any business or person, recorded by any method that contains
personal identifying information. Item includes, but is not limited to,
an access device, book, check, paper, card, instrument, or information
stored in electronic form by way of e-mail or otherwise, on any
computer, computer storage medium, computer program, computer software,
computer equipment, computer system or computer network or any part
thereof, or by other mechanical or electronic device such as cellular
telephone, pager or other electronic device capable of storing
information.
L.2003,c.184,s.6.