10.3-2 Trafficking in Personal Identifying Information -- § 53a-129e
Revised to December 1, 2007
The defendant is charged [in count __] with trafficking in personal identifying information. The statute defining this offense reads in pertinent part as follows:
a person is guilty of trafficking in personal identifying information when such person sells, gives or otherwise transfers personal identifying information of another person to a third person knowing that such information has been obtained without the authorization of such other person and that such third person intends to use such information for an unlawful purpose.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 -
Sold/gave/transferred personal identifying information
The first element is that the defendant (sold / gave / transferred) personal identifying information to another person. "Personal identifying information" means any name, number or other information that may be used, alone or in conjunction with any other information, to identify a specific individual including, but not limited to, such individual's name, date of birth, mother's maiden name, motor vehicle operator's license number, Social Security number, employee identification number, employer or taxpayer identification number, alien registration number, government passport number, health insurance identification number, demand deposit account number, savings account number, credit card number, debit card number or unique biometric data such as fingerprint, voice print, retina or iris image, or other unique physical representation.
Element 2 - Not authorized
The second element is that the defendant knew that the information had been obtained without the authorization of the person whose identifying information it was. A person acts "knowingly" with respect to conduct or circumstances when (he/she) is aware that (his/her) conduct is of such nature or that such circumstances exist. <See Knowledge, Instruction 2.3-3.>
The third element is that the defendant knew that the third person intended to use the information for unlawful purposes. An unlawful purpose is anything that is prohibited by law. <Insert specific allegations.>
In summary, the state must prove beyond a reasonable doubt that the defendant 1) (sold / gave / transferred) personal identifying information to another person, 2) (he/she) knew that the identifying information had been obtained without authorization, and 3) (he/she) knew that the person to whom the information was transferred intended to use it for unlawful purposes.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
trafficking in personal identifying information, then you shall find the
defendant guilty. On the other hand, if you unanimously find that the state has
failed to prove beyond a reasonable doubt any of the elements, you shall then
find the defendant not guilty.