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530.5 A Penal Code
Understanding California Penal Code 530.5: Identity Theft
California Penal Code 530.5 defines the crime of identity theft in the state. This law makes it illegal to willfully obtain someone else’s personal identifying information and use it for an unlawful purpose without their consent. Identity theft is a serious issue that can have major consequences for victims. In this article, we will break down the key components of California’s identity theft law.
What Constitutes Identity Theft Under PC 530.5?
There are four main ways identity theft can occur under California law:
- Section 530.5(a): Willfully obtaining someone else’s personal identifying information and using it for an unlawful purpose like getting credit or purchasing goods without their consent. This is considered unauthorized use of personal identifying information.
- Section 530.5(c)(1): Acquiring or keeping someone else’s personal identifying information with the intent to defraud them or commit identity theft.
- Section 530.5(c)(2): Acquiring or keeping someone’s personal identifying information when you have a prior conviction for identity theft. This provision has enhanced penalties.
- Section 530.5(d)(1): Selling, transferring or conveying someone else’s personal identifying information with the intent to help another person commit fraud or identity theft.
The key elements the prosecution must prove are that the defendant willfully and unlawfully obtained personal identifying information and then used or intended to use that information for a fraudulent or unlawful purpose without consent.
What is Considered Personal Identifying Information?
Under California law, personal identifying information includes:
- Name, address, phone number
- Social Security number
- Driver’s license number
- Bank account and credit/debit card numbers
- Passwords and PIN numbers
- Birth certificate or DMV information
Essentially, any information that could help someone commit identity fraud or theft can be considered personal identifying information. The law has a broad definition in recognition of how much sensitive data exists in today’s digital world.
Penalties and Immigration Consequences
Since identity theft can ruin lives and finances, California law takes it very seriously. PC 530.5 is a wobbler offense, meaning it can be charged as either a misdemeanor or felony depending on the circumstances. Potential penalties include:
- Misdemeanor: Up to 1 year in county jail, a fine up to $1,000, or both
- Felony: 16 months, 2 years or 3 years in state prison, a fine up to $10,000, or both.
If convicted of felony identity theft, you will also lose your right to own or possess a firearm in California. Additionally, PC 530.5 is considered a crime of moral turpitude under immigration law. This means any non-citizen convicted of identity theft may face severe immigration consequences like deportation or denial of re-entry into the United States.
Defenses to Identity Theft Charges
There are viable legal defenses that a skilled criminal defense lawyer can use to fight identity theft allegations, such as:
- You did not act willfully or with intent to defraud
- You had consent or authorization to use the personal information
- You did not unlawfully obtain or use someone’s information
- You were falsely accused by someone with ulterior motives
By analyzing the specifics of your case, an attorney may be able to get charges reduced or dismissed. It is critical to consult with legal counsel immediately if you are under investigation or arrested for identity theft.
Identity theft often intersects with other financial crimes like:
- Credit/debit card fraud (PC 484e)
- Check fraud (PC 476)
- Forgery (PC 470)
- Mail theft (PC 530.5e)
- Grand theft (PC 487)
Prosecutors may choose to file multiple charges against defendants in identity theft cases depending on the exact circumstances and evidence.
Protect Yourself from Identity Theft
You can take proactive steps to reduce your risks of becoming an identity theft victim, such as:
- Monitoring bank/credit card statements for unauthorized activity
- Placing fraud alerts and credit freezes with credit bureaus
- Using secure passwords and multi-factor authentication
- Avoiding unsecured public WiFi networks
- Securing your mail and trash from theft
If your personal information has already been compromised, act quickly to report the identity theft and take remedial actions. This can help limit the damage.California takes identity crime seriously with harsh penalties under PC 530.5. If you are facing such charges, your best bet is to retain an experienced criminal defense lawyer immediately. They can carefully examine your case and build strategic defenses to achieve the best possible outcome. Don’t leave your future to chance.