Identity theft is an offence under the Criminal Code of Canada, and it is not an offence that is taken lightly but the justice system. If you have been charged with identity fraud, or identity theft, you need to speak to a criminal defense lawyer immediately.
Is Identity Theft a Criminal Offence?
Yes, it is. Under section 402(2) of the Criminal Code, identity theft has been outlined as anyone who commits an offence obtaining or possesses another person’s identity information with reasonable inference that the information is intended to be used to commit an indictable offence: includes fraud, deceit or falsehood as an element of the offence.
Further to the criminal offence of identity theft, trafficking in identity information is transmitting, making available, distributing, selling or offering for sale another person’s identity information (or has it in their possession for any of those purposes). The offence is committed by knowing that, or by being reckless, as to whether the information will be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.
For reference, the indictable offences that are listed under the Criminal Code are:
- Section 57 (forgery of or uttering forged passport)
- Section 58 (fraudulent use of certificate of citizenship)
- Section 130 (personating peace officer),
- Section 131 (perjury)
- Section 342 (theft, forgery, etc., of credit card)
- Section 362 (false pretense or false statement)
- Section 366 (forgery)
- Section 368 (use, trafficking or possession of forged document)
- Section 380 (fraud)
- Section 403 (identity fraud)
Penalties For Identity Theft In Saskatchewan
The punishment for identity theft is prescribed as:
- Imprisonment for a term up to 5-years for an indictable offence (see above).
- Summary conviction for all other forms of identity theft.
Penalties for Identity Fraud Charges
The criminal offence for identity fraud is categorized under section 403(1). Everyone commits an offence who fraudulently impersonates another person, living or dead:
- With intent to gain advantage for themselves or another person;
- With intent to obtain any property or an interest in any property;
- With intent to cause disadvantage to the person being personated or another person; or
- With intent to avoid arrest or prosecution or to obstruct, pervert or defeat the course of justice.
The punishment for committing the offence of identity fraud is:
- Imprisonment up to 10-years — indictable offence.
- Summary conviction — non-indictable offence.
Contact an Identity Theft Lawyer in Regina
You still have rights. If you have been charged with identity theft, or identity fraud know that you can still be protected. Although, you will need a white collar crime lawyer. Learn about your rights. Contact the criminal defense lawyers at the Law Office of Regina Criminal Lawyers today.