CALIFORNIA PENAL CODE 529 PC – FALSE IMPERSONATION

California Penal Code 529 defines the criminal offense of false personation as the act of portraying oneself as someone else, in either a private or official capacity, in a fraudulent manner for various purposes, including becoming bail or surety, verifying documents, or committing any act where the falsely personated individual may be held legally accountable or suffer financial consequences.

The language of the code section states that:
529.
(a) Every person who falsely personates another in either his or her private or official capacity, and in that assumed character does any of the following, is punishable pursuant to subdivision (b):

(1) Becomes bail or surety for any party in any proceeding whatever, before any court or officer authorized to take that bail or surety.

(2) Verifies, publishes, acknowledges, or proves, in the name of another person, any written instrument, with intent that the same may be recorded, delivered, or used as true.

(3) Does any other act whereby, if done by the person falsely personated, he might, in any event, become liable to any suit or prosecution, or to pay any sum of money, or to incur any charge, forfeiture, or penalty, or whereby any benefit might accrue to the party personating, or to any other person.

(b) By a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment.

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=529.

ELEMENTS

In order to obtain a conviction under PC 529 (false impersonation) in California, the prosecutor must establish the following elements:

• You knowingly and falsely impersonated another person, either in a public or private capacity.
• You performed an additional act that either created liability for the person you impersonated or provided a benefit to yourself.

This additional act must go beyond simply identifying yourself as someone else or presenting evidence that falsely claims your identity.

Under Penal Code 529, examples of meeting this requirement include acting as bail or surety in someone else’s name before a court, verifying, publishing, or proving a written instrument in another person’s name, or committing an act that exposes the impersonated person to civil or criminal liability or gives you a personal benefit.

To better understand the specific details of your case and how these elements apply, it is advisable to consult with a criminal defense attorney who can provide personalized guidance and representation.

EXAMPLE

John, a young individual with a criminal history, decides to engage in identity theft for financial gain. He obtains personal information belonging to a well-known businessman, Mr. Smith, including his name, address, and social media profiles. John then creates social media accounts posing as Mr. Smith and begins interacting with the businessman’s associates and clients.

Using the false identity, John sends messages to Mr. Smith’s clients, claiming to represent him and offering discounted services or making unauthorized financial transactions on his behalf. John’s motive is to deceive the clients, causing them to believe they are dealing with the real Mr. Smith, while he benefits financially from these fraudulent activities.

In this scenario, John could potentially be charged with False Impersonation under California Penal Code 529. The prosecution would need to prove that John knowingly and falsely impersonated Mr. Smith in his private capacity as a businessman. Additionally, they would need to demonstrate that John’s actions, such as communicating with clients and making fraudulent transactions, created liability for Mr. Smith or provided personal benefits to John.

PENALTIES, PUNISHMENT, AND SENTENCING

False impersonation 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 based on certain factors. These factors include the context of the false impersonation, whether there were any victims or damages involved, and the individual’s criminal history.

If charged as a misdemeanor, the penalties for false impersonation may include misdemeanor probation, up to one year in county jail, and/or a fine of up to $10,000.

If charged as a felony, the penalties for false impersonation may include felony probation, up to three years in county jail, and/or a fine of up to $10,000.

DEFENSES

When fighting false impersonation charges in California, Tabibnia Law Firm has identified three persuasive defenses that may be used:

• You took no additional act: You can argue that you did not perform any additional act beyond falsely identifying yourself. It is important to establish that the prosecution lacks sufficient evidence or that the evidence presented is unreliable or inconsistent. Typically, prosecutors may dismiss the case when reasonable doubt is shown. However, it’s important to note that merely giving a false middle name or showing the ID of the person being impersonated does not count as an additional act.
• You were falsely accused: It is not uncommon for individuals to falsely accuse others of false impersonation in an attempt to cover up their own guilt. In this defense, relevant recorded communications such as texts or voicemails from the accuser can be compiled to demonstrate their motivation to lie, such as for revenge or anger. Additional evidence like videos or eyewitness reports may also indicate that the accuser was dishonest.
• PC 529 does not apply: You can argue that your actions do not fall within the scope of PC 529’s three scenarios. For instance, if you impersonated someone as a joke or pretended to be a fictional character, it can be a valid defense. It may be possible to negotiate a favorable resolution with the district attorney without proceeding to trial.

It’s important to consult with a skilled criminal defense attorney, such as Tabibnia Law Firm, who can evaluate the specific details of your case and determine the most effective defense strategy tailored to your circumstances.

IMMIGRATION CONSEQUENCES

Committing a crime like false impersonation can have immigration consequences for non-U.S. citizens. False impersonation can be considered a crime involving moral turpitude (CIMT)1. Depending on the circumstances and the specific immigration status of the individual, a CIMT conviction can result in various immigration consequences, including inadmissibility, deportation, and restrictions on obtaining certain immigration benefits.

CAN A DEFENDANT GET A CONVICTION EXPUNGED?

To obtain an expungement for a false personation conviction, it is necessary to fulfill either the probation requirements or serve the jail term that was imposed.

RELATED CRIMES

• Identity Theft – California Penal Code Section 530.5 PC
• False Identification to Police – California Penal Code Section 148.9 PC
• Theft by false pretenses – California Penal Code 532 PC

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

If you are facing accusations of false impersonation under California Penal Code 529, it is crucial to seek legal assistance to protect your rights. You may consider consulting with our experienced criminal defense lawyer, Cyrus Tabibnia, at Tabibnia Law Firm. With over 19 years of experience, Cyrus is well-equipped to defend you against charges of false impersonation. For more information about false impersonation and to schedule a free consultation, please call Cyrus at 866-713-2159.