Identity Theft in California
Under California law, the unauthorized use, possession, sale, or transfer of a person’s (or legal entity’s) “personal identifying information” is a violation of CA Penal Code Section 530.5 – even if no one actually suffers any harm or loss as a result. “Personal identifying information” includes, but is not limited to, names, addresses, social security numbers, driver’s license or passport numbers, dates of birth, tax identification numbers, account numbers and/ or passwords. If such information is willfully obtained, used, or provided to another for a fraudulent or unlawful purpose (usually to gain a financial benefit, escape criminal liability, or gain access to protected information) the defendant may face state and/or federal charges. Even when there is only one victim, a defendant could be charged with multiple counts of identity theft if the personal information of the victim was used or obtained unlawfully on more than one occasion.
What Must Be Proven?
Under California law, the prosecutor must prove:
- The defendant willfully obtained or acquired another’s personal information; AND
- Without consent, did one or more of the following:
- Willfully used the information for an unlawful purpose [530.5(a)] OR
- Kept the information with the intent to defraud another [ 530.5(c)(1),(2),or (3)] OR
- Sold or transferred the information with the intent to defraud [530.5(d)(1)] OR
- Sold or transferred the information with knowledge that it would be used without authorization to commit a fraud [530.5(d)(2]
Other Offenses Related to Identity Theft Charges
Individuals accused of identity theft in California are often also charged with the following related offenses:
- Forgery  – Signing, counterfeiting, or copying someone else’s name, signature, handwriting, or seal without the other’s authorization is a crime under PC 470. This section also criminalizes the alteration, corruption, or falsifying of legal or other specified documents.
- Credit Card Fraud [484(e)-(j)] – Stealing, counterfeiting, or publishing credit cards or credit card information, signing another’s name in a credit card transaction without consent, or the fraudulent use of a stolen, fake or expired credit card are all punishable offenses under sections 484(e)-(j).
- Unauthorized Computer Access [502(c)] – If in an effort to deceive or defraud, a person knowingly accesses and uses , copies, destroys, or alters computer hardware, networks, systems, or data without permission, (s)he faces criminal liability.
- False Impersonation  – The use of another’s name or identification to gain a benefit, avoid civil or criminal liability, or in detriment to another’s interest is a violation of PC 529.
- Mail Theft [530.5 (e)] – Stealing, removing, destroying or possessing stolen mail, packages or anything contained within them is both a public offence under state law and federal law. Under California state law, mail theft is a misdemeanor, carrying a penalty of up to 1 year in county jail and/or a fine up to $1000.
Possible Penalties for Identity Theft in California
Identity theft may be charged as either a misdemeanor or a felony under California law. As a misdemeanor, a person may face up to a year in jail, fines, or both. As a felony, a person may face up to three years in prison.
Get Help from an Experienced San Diego Identity Theft Attorney
For immediate legal help, contact Domenic J. Lombardo, an experienced San Diego identity theft defense attorney. Domenic J. Lombardo provides a free and confidential consultation in cases involving identity theft in San Diego, Chula Vista, Coronado, Point Loma, Ocean Beach, Pacific Beach, La Jolla, University City, Kearney Mesa, North Park, Hillcrest, National City, Imperial Beach, San Ysidro, Lemon Grove, El Cajon, La Mesa, Spring Valley, La Presa, Lakeside, Santee, Poway, Escondido, San Marcos, Rancho Santa Fe, Encinitas, Del Mar, Solana Beach, Carlsbad, Oceanside, Vista, Fallbrook and throughout San Diego County and the state of California.