Connecticut General Statutes § 53a-129e — Trafficking in Personal Identifying Information

Plain-English Overview

Section 53a-129e makes it a crime to sell, give, transfer, or otherwise traffic someone else’s personal identifying information when you know (or intend) that information will be used to commit identity theft. In short: if the State believes you passed along another person’s data so it could be misused, you can be charged under this statute. The offense is a Class D felony in Connecticut.

What Counts as “Personal Identifying Information”?

Connecticut’s identity-theft laws use a broad definition. In practice, prosecutors treat the following as protected identifiers (among others):

• Names paired with dates of birth or addresses
• Social Security numbers
• Driver’s license or passport numbers
• Bank/credit/debit card numbers and account credentials
• Biometric identifiers (e.g., fingerprints), and similar unique identifiers

If the data can be used to pretend to be someone, open accounts, or access money/benefits, it’s typically covered.

What the State Must Prove

To convict under § 53a-129e, prosecutors generally have to show:

1. You sold, gave, transferred, or otherwise trafficked another person’s personal identifying information;
2. You knew or intended that the information would be used to commit identity theft (for example, to open lines of credit, drain bank accounts, or obtain goods/services in the victim’s name); and
3. The information belonged to an actual person (living or deceased).

The State does not need to prove the identity-theft scheme actually succeeded—only that you trafficked the data with the required criminal intent.

Penalties (Class D Felony)

A conviction for § 53a-129e is a Class D felony, punishable by up to 5 years in prison, a fine up to $5,000, and/or probation. Collateral fallout often includes restitution claims, immigration and licensing issues, and long-term background-check problems.

Common Defenses & Weak Points I Explore

• No “trafficking” proof: Mere possession of someone’s data isn’t § 53a-129e; the State must show a transfer or attempt to transfer.
• No criminal intent: Sharing data for a legitimate purpose (e.g., employment screening, payment processing) is not trafficking for identity theft.
• Bad attribution: Phone/IP logs, marketplace handles, and cash apps are often misattributed; we press on chain-of-custody, authorship, and device access.
• Overbroad digital searches: Suppression issues arise when warrants are too general or agents exceed search scope.
• Scope of “personal identifying information”: We challenge whether the item qualifies under Connecticut’s identity-theft framework.

Accelerated Rehabilitation (AR): A Clean-Slate Option for First-Timers

If you’re a first-time offender charged under § 53a-129e, Accelerated Rehabilitation (AR) can be a powerful way to protect your record. AR is a diversion program that does not require a guilty plea; instead, the judge places you under court supervision for a set period with tailored conditions—typically things like restitution, counseling, community service, and staying arrest-free. If you complete those conditions, the case is dismissed and erased. AR is discretionary and not automatic—the court will look at your background, the size of the loss, victim input, whether you acted for personal profit, and how quickly restitution can be made. In identity-related cases, moving fast on restitution and submitting a strong mitigation package (employment history, character letters, proof of counseling, and a plan to prevent future issues) can make all the difference. Even after a dismissal, keep certified paperwork for future background checks or immigration filings, since many applications ask whether you were ever arrested, not just convicted.

4 Short Examples

1. Marketplace dump: A temp worker exports a patient list and sells it to a third party who opens credit lines. That seller can face § 53a-129e.
2. Crew handoff: One person skims card numbers at a restaurant and texts the list to a partner who encodes cards—transfer with illicit intent triggers trafficking.
3. Group chat “leads”: An insider shares screenshots of payroll data in a fraud chat; sharing with intent to misuse can satisfy trafficking.
4. Lawful boundary: A payroll vendor transmits employee W-2 data to the employer’s CPA under a contract and privacy safeguards. That is not trafficking—the purpose is legitimate and not for identity theft.

Related Connecticut Offenses (Often Charged Together)

• Identity Theft (1st–3rd Degrees), §§ 53a-129a–129c: Using another’s identifiers to obtain money, goods, services, or to cause loss.
• Possession/Trafficking of Access Devices, § 53a-127g (and related provisions): Holding or trading tools/data used to access accounts.
• Credit Card Crimes, § 53a-128b et seq.: Illegal card use/forgery.
• Computer Crimes, § 53a-251: Unauthorized access or data theft.
  (Charging choices vary by facts; the State often stacks these counts.)

FAQs Is It a Defense That “Nothing Bad Happened” With the Data?

Not to § 53a-129e. The focus is the transfer with illicit intent, not whether the thief successfully opened accounts.

What if I Only “Looked” at a File?

Viewing or possessing data may support other identity-theft counts, but § 53a-129e specifically targets trafficking (selling/giving/transferring).

Can I Be Charged if I Thought the Data Was Mine to Share?

Lack of criminal intent is a key defense. We gather emails, contracts, and messages showing legitimate purpose and authority.

Will I Go to Prison on a First Offense?

Outcomes depend on the facts, loss amount, your history, and the paper trail. Even with felony exposure, many first-time clients avoid incarceration with the right strategy (challenging proof, early restitution discussions, and negotiated resolutions).

What to Do Now

• Do not talk to police about “whose data” or “who you sent it to” before you have counsel.
• Preserve devices and accounts (don’t wipe anything); we may need data to prove lack of criminal intent.
• Document the legitimate purpose (contracts, emails, policies) if you handled data for work.

Talk With a Connecticut Identity-Theft Defense Lawyer

If you’re being investigated or charged under § 53a-129e (Trafficking in Personal Identifying Information) anywhere in Connecticut, I can help you protect your record and your future. We’ll examine the digital trail, intent evidence, and search procedure—and build a plan to fight the charge or negotiate the smartest outcome.

Call Allan F. Friedman, Criminal Lawyer, at (203) 357-5555 or use my Contact Page for a confidential consultation today. For more information on bail, bond and how we defend these kind of charges an what goes on in court please review our criminal defense page.

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