Bill Text: NJ A4159 | 2016-2017 | Regular Session | Introduced
Bill Title: Concerns crime of trafficking in personal identifying information.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2016-09-19 - Introduced, Referred to Assembly Judiciary Committee [A4159 Detail]
Download: New_Jersey-2016-A4159-Introduced.html
Sponsored by:
Assemblywoman JOANN DOWNEY
District 11 (Monmouth)
SYNOPSIS
Concerns crime of trafficking in personal identifying information.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning trafficking in personal identifying information pertaining to another person and theft of identity and amending P.L.2003, c.184 and N.J.S.2C:21-17.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.2003, c. 184 (C.2C:21-17.3) is amended to read as follows:
6. a. A person who knowingly distributes, manufactures or possesses any item containing personal identifying information pertaining to another person, without that person's authorization or without a legitimate business or professional purpose, 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] 10 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 or without a legitimate business or professional purpose, 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 or without a legitimate business or professional purpose, 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] 10 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 or without a legitimate business or professional purpose shall create [an inference] a presumption that the items were distributed, manufactured or possessed with knowledge that the actor is facilitating a fraud or injury to be perpetrated by anyone. This presumption may be rebutted by clear and convincing evidence that the person to whom the information relates has authorized possession or that the person possessing the information has a legitimate business or professional purpose for possessing the information. This presumption shall not apply if the personal identifying information pertains to family members of the actor.
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.
"Family member" means a spouse, child, parent, sibling, aunt, uncle, niece, nephew, first cousin, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half brother, or half sister, whether the individual is related by blood, marriage or civil union, or adoption.
(cf: P.L.2003, c.184, s.6)
2. N.J.S.2C:21-17 is amended to read as follows:
2C:21-17. Impersonation; Theft of identity; crime.
a. A person is guilty of a crime if the person engages in one or more of the following actions by any means including, but not limited to, the use of electronic communications or an Internet website:
(1) Impersonates another or assumes a false identity and does an act in such assumed character or false identity for the purpose of obtaining a benefit for himself or another or to injure or defraud another;
(2) Pretends to be a representative of some person or organization and does an act in such pretended capacity for the purpose of obtaining a benefit for himself or another or to injure or defraud another;
(3) Impersonates another, assumes a false identity or makes a false or misleading statement regarding the identity of any person, in an oral or written application for services, for the purpose of obtaining services;
(4) Obtains any personal identifying information pertaining to another person and uses that information, or assists another person in using the information, in order to assume the identity of or represent himself as another person, without that person's authorization or without a legitimate business or professional purpose and with the purpose to fraudulently obtain or attempt to obtain a benefit or services, or avoid the payment of debt or other legal obligation or avoid prosecution for a crime by using the name of the other person; or
(5) Impersonates another, assumes a false identity or makes a false or misleading statement, in the course of making an oral or written application for services, with the purpose of avoiding payment for prior services. Purpose to avoid payment for prior services may be presumed upon proof that the person has not made full payment for prior services and has impersonated another, assumed a false identity or made a false or misleading statement regarding the identity of any person in the course of making oral or written application for services.
As used in this section:
"Benefit" means, but is not limited to, any property, any pecuniary amount, any services, any pecuniary amount sought to be avoided or any injury or harm perpetrated on another where there is no pecuniary value.
b. (Deleted by amendment, P.L.2005, c.224).
c. A person who violates subsection a. of this section is guilty of a crime as follows:
(1) If the actor obtains a benefit or deprives another of a benefit in an amount less than $500 and the offense involves the identity of one victim, the actor shall be guilty of a crime of the fourth degree except that a second or subsequent conviction for such an offense constitutes a crime of the third degree; or
(2) If the actor obtains a benefit or deprives another of a benefit in an amount of at least $500 but less than $75,000, or the offense involves the identity of at least two but less than five victims, the actor shall be guilty of a crime of the third degree; or
(3) If the actor obtains a benefit or deprives another of a benefit in the amount of $75,000 or more, or the offense involves the identity of five or more victims, the actor shall be guilty of a crime of the second degree.
d. A violation of N.J.S.2C:28-7, constituting a disorderly persons offense, section 1 of P.L.1979, c.264 (C.2C:33-15), R.S.33:1-81 or section 6 of P.L.1968, c.313 (C.33:1-81.7) in a case where the person uses the personal identifying information of another to illegally purchase an alcoholic beverage or for using the personal identifying information of another to misrepresent his age for the purpose of obtaining tobacco or other consumer product denied to persons under 19 years of age shall not constitute an offense under this section if the actor received only that benefit or service and did not perpetrate or attempt to perpetrate any additional injury or fraud on another.
e. The sentencing court
shall issue such orders as are necessary to correct any public record or
government document that contains false information as a result of a theft of
identity. The sentencing court may provide restitution to the victim in accordance
with the
provisions of section 4 of P.L.2002, c.85 (C.2C:21-17.1).
(cf: P.L.2013, c.241, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill would create a rebuttable presumption of intent to commit the crime of trafficking in personal identifying information pertaining to another person in certain cases. The bill would also provide that a person who does not have a legitimate business or professional purpose for distributing, manufacturing, possessing, or obtaining the personal identifying information of another is guilty of the crime of trafficking in personal identifying information or the crime of theft of identity.
Under current law, a person is guilty of the crime of trafficking in personal identifying information of another, a crime of the fourth degree, if he knowingly distributes, manufactures or possesses any item containing personal identifying information pertaining to another person, without that person's authorization, and with knowledge that the actor is facilitating a fraud or injury to be perpetrated by anyone. The crime is upgraded to a crime of the third degree 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; the crime is upgraded to a crime of the second degree 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.
Current law also provides that the 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 creates 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.
Under the bill, the crime of trafficking in personal identifying information of another would be upgraded to a crime of the third degree if the crime involves 10 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 or without a legitimate business or professional purpose.
A crime of the second degree is punishable by a term of imprisonment of five to 10 years, a fine of up to $ 150,000, or both; a crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $ 75,000, or both; and a crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a $ 10,000 fine, or both.
In addition, the bill would eliminate the inference created under current law and would provide that the distribution, manufacture or possession of 10 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 or without a legitimate business or professional purpose would create a presumption that the items were distributed, manufactured or possessed with knowledge that the actor is facilitating a fraud or injury to be perpetrated by anyone. Pursuant to the bill, this presumption may be rebutted by clear and convincing evidence that the person to whom the information relates has authorized possession or that the person possessing the information has a legitimate business or professional purpose for possessing the information. However, this presumption would not apply if the personal identifying information pertains to family members of the actor. "Family member" is defined under the bill to mean a spouse, child, parent, sibling, aunt, uncle, niece, nephew, first cousin, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half brother, or half sister, whether the individual is related by blood, marriage or civil union, or adoption.
The bill would also amend paragraph (4) of subsection a. of N.J.S.2C:21-17 to provide that a person is guilty of the crime of theft of identity if he obtains any personal identifying information pertaining to another person without a legitimate business or professional purpose. Paragraph (4) of subsection a. of N.J.S.2C:21-17 currently provides that a person is guilty of the crime of theft of identity if he obtains any personal identifying information pertaining to another person and uses that information, or assists another person in using the information, in order to assume the identity of or represent himself as another person, without that person's authorization and with the purpose to fraudulently obtain or attempt to obtain a benefit or services, or avoid the payment of debt or other legal obligation or avoid prosecution for a crime by using the name of the other person.
The bill would take effect immediately.
