Under Fraudulent Use or Possession of Identifying Information, the actor is presumed to have the intent to harm or defraud if they possess the identifying information of how many other persons?

• A. Three or more
• B. One or two
• C. All
• D. None

Answer: (A)

The key idea is a presumption tied to bulk possession of identifying information. In this offense, if a person possesses identifying information for three or more other individuals, the law treats that as strong evidence that they intend to harm or defraud—the presumption applies. It is a rebuttable presumption, so the defense can introduce evidence to show no such intent, but the default assumption is that intent exists with three or more records. Possessing information for fewer than three people does not trigger this presumption, so the prosecution must prove intent through other evidence.