CALIFORNIA PENAL CODE SECTION 530.5 PC – IDENTITY THEFT

California Penal Code Section 530.5 PC states that it is unlawful to willfully obtain another person’s personal identifying information and use it for fraudulent purposes, such as attempting to obtain credit, goods, services, real property, or medical information without the person’s consent. The element of fraud is an essential part of this offense, as it involves using the obtained personal information with the intent to deceive or gain an unfair advantage.

As advancements in technology have made private information more readily accessible, cases of identity theft have become increasingly prevalent. Law enforcement agencies are taking extensive measures to combat and prevent identity theft crimes.

PC 530.5. states that: (a) Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=530.5.&lawCode=PEN

• Name, address, and telephone number.
• Date of birth.
• Mother’s maiden name.
• Health insurance, taxpayer, or school identification numbers.
• State driver’s license number.
• Social security number.
• Place of employment or employee identification number.
• School identification.
• Personal Identification Number (PIN) or checking/savings account numbers.
• Government passport number.
• Alien registration number.
• Electronic data such as identification number, address, or routing code.
• Birth or death certificate information.
• Credit or debit card number.

TYPES OF IDENTITY THEFT CRIMES

California Penal Code Section 530.5 PC addresses four distinct classes of identity theft PC:

• California Penal Code Section 530.5(a) PC: Willfully obtaining another person’s personal identifying information and using it for any unlawful purpose without their consent.
• California Penal Code Section 530.5(c) PC: Taking another person’s personal identifying information without their consent, with the intent to commit a fraud.
• California Penal Code Section 530.5(d)(1) PC: Selling, transferring, or providing another person’s personal identifying information without their consent, with the intent to commit a fraud.
• California Penal Code Section 530.5(d)(2) PC: Selling, transferring, or providing another person’s personal identifying information with the actual knowledge that it will be used to commit a fraud.

EXAMPLE

Sarah, a software engineer, discovers that her social security number and credit card information have been stolen and used to make large purchases without her consent. After investigating, law enforcement identifies the perpetrator as Mark, a former colleague of Sarah’s who had access to her personal information. Mark has been using Sarah’s personal identifying information to fraudulently obtain goods and services, including expensive electronics and airline tickets. Based on the evidence gathered, Mark is charged with a crime under California Penal Code Section 530.5 PC for unlawfully obtaining Sarah’s personal identifying information and using it for fraudulent purposes.

PENALTIES, PUNISHMENT, AND SENTENCING

The crime of identity theft is considered a “wobbler” offense in California, which means that the prosecutor has the discretion to charge it as either a misdemeanor or a felony. Here are the identity theft punishments california:

If charged as a misdemeanor, the offense can result in:

• Misdemeanor (or summary) probation
• Up to one year in county jail
• A maximum fine of $1,000

If charged as a felony, the penalties can include:

• Felony (or formal) probation
• Up to three years in state prison
• A maximum fine of $10,000

In some cases, it may be possible to negotiate with the prosecutor after an arrest but before charges are filed in an attempt to persuade them to bring only misdemeanor charges, or potentially no charges at all.

DEFENSES

These four defenses are often effective in persuading prosecutors, judges, and juries:

• No Unlawful Purpose: If you can prove that you did not have any intention of breaking the law when obtaining personal information, it can be a strong defense. For example, if you took the information for a legitimate reason such as compiling a report or following your employer’s instructions.
• Lack of Willfulness: If you can show that you did not intentionally obtain the personal information, it can serve as a defense. For instance, if you accidentally obtained someone else’s information without intending to do so.
• No Intent to Defraud: Depending on the specific circumstances of the case, a prosecutor may need to prove that you acted with intent to defraud. If you can demonstrate that you did not have this intent, it can be a powerful defense. It is difficult for the prosecution to prove what was in your mind, and as long as there is reasonable doubt, the charges may be dismissed.
• False Accusation: False accusations of identity theft are not uncommon, particularly when someone has a motive to harm you, such as an ex-partner or ex-friend seeking revenge. In some cases, strangers looking to escape their own debts may target individuals online. The strongest evidence to refute false accusations is recorded communication between you and the accuser, showing their motivation to lie. By questioning their credibility, the prosecution’s case can be weakened.

IMMIGRATION CONSEQUENCES

Because identity theft involves fraud, non-citizens convicted of this crime could face deportation. Any non-citizen facing criminal charges should promptly seek legal assistance to potentially have the charges dismissed or reduced to a non-deportable offense.

CAN A DEFENDANT GET A CONVICTION EXPUNGED?

If you have been convicted of identity theft, you may be eligible for a criminal record expungement upon successful completion of either probation or a jail sentence, depending on which is applicable to your case. The advantage of obtaining an expungement is that it helps alleviate the challenges associated with having a conviction on your criminal record.

RELATED CRIMES

• Penal Code 529 PC – False personation
• Penal Code 484(e) PC – Credit card fraud
• Penal Code 487 PC – Grand theft
• Penal Code 470 PC- Forgery
• Penal Code 530.5e PC– Mail theft
• Penal Code 476 PC – check fraud

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

Identity theft is a serious white-collar offense that prosecutors take very seriously. If you or someone you know is under investigation for identity theft, it is crucial to consult with a skilled Criminal Defense Attorney in Los Angeles promptly. Cyrus Tabibnia, an experienced lawyer at Tabibnia Law Firm, has 19 years of expertise in handling cases involving identity theft, credit card fraud, and related fraud crimes. Contact us now at 866-713-2159 for a free consultation and case review.