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Identity Theft | Identity Theft

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Legal Definition, Examples, and Sanctions or Penalties

Identity theft is one of the fastest-growing crimes in the United States. California reports more incidents than any other state. Here is its definition according to the California Penal Code.

California Penal Code 530.5 PC

In general terms, identity theft is defined as taking another person’s personal identifying information without their consent for an illegal purpose. Examples of these illegal purposes include obtaining:

Acquiring or retaining possession of another person’s personal identifying information without that person’s consent, with the intent to commit fraud.

Selling, transferring, or providing another person’s personal identifying information without that person’s consent with the intent to commit fraud.

When we talk about personal identifying information, it includes information such as:

Names, date of birth, addresses, and phone numbers.
Tax identification numbers and Social Security numbers.
Driver’s license numbers and passport information.
School identification and employee identification numbers.
Bank account and/or credit card account information.

Related Offenses

There are several crimes that are closely related to identity theft. Prosecutors often charge these offenses in connection with, or instead of, California Penal Code 530.5 PC. Some of the most common include crimes that we have already referenced.

Credit card fraud.
False impersonation under California Penal Code 529 PC.
California welfare fraud.
California unemployment insurance fraud.
Internet fraud.

Theft Crimes in California

Because many identity theft cases involve not only the theft of a person’s identifying information but also money, property, or other valuable services obtained through that information.

Identity theft often triggers a California theft offense as well.

If the value of the money, goods, or services that a person is accused of obtaining illegally exceeds $950, prosecutors may file charges for violating California Penal Code 487 PC (grand theft). This offense is a wobbler, which is punishable in the same way as identity theft, as described above.

If the value is $950 or less, you may face charges under California Penal Code 484 PC (petty theft). Petty theft is a misdemeanor punishable by up to six months in county jail and a maximum fine of $1,000.

California Elder Abuse Law – Penal Code 368 PC

This law protects “elderly persons,” defined as individuals 65 years of age or older, who have suffered emotional, physical, or financial abuse.

For example, if you are a caregiver for an elderly person and you use that person’s information to intercept medical payments or Social Security payments, or forge their name to cash a check, prosecutors may charge you with Identity Theft and Elder Abuse.

California Conspiracy Law

If you have an agreement with one or more people to engage in identity theft, you may be convicted of violating both California identity theft laws and California conspiracy laws.

California conspiracy laws penalize fraud-related crimes as wobblers, punishable by:

16 months, two years, or three years in prison for a felony.
Or up to one year in county jail and a maximum fine of $1,000 for a misdemeanor.

However, if you are convicted of conspiracy to commit felony identity theft, the maximum fine increases to $25,000.

And if you are convicted of conspiracy to commit identity theft under federal identity theft laws, you face the same penalty as if you had committed federal identity theft—even if you did not actually carry out the crime.

California Attempted Crimes Law

Under California Penal Code 664 PC regarding attempted crimes, you face half the penalty that you would otherwise face for an identity theft conviction if you attempted to commit the crime but were prevented from doing so.

However, similar to federal conspiracy laws related to identity theft, attempted identity theft under federal law carries the same penalties as if the crime had been completed.

Examples of How People May Become Involved in Identity Theft

Obtaining a financial benefit; for example, using another person’s credit card or signing a check in another person’s name (violating California forgery law, Penal Code 470 PC).
When documents are lost or you have been the victim of stolen personal documents (for example identification, driver’s license, or Social Security number).
Criminal liability for using another person’s name, date of birth, or other identifying information is very serious. However, there are legal defenses that may be used in a case:
- That the information was not used for an illegal purpose.
- Lack of criminal intent.
- If you have been the victim of mistaken identity or false accusations.
Internet Fraud – when, for example, someone uses another person’s credit card to make an online purchase (which is also a violation of California credit card fraud law) or uses another person’s email account (which may also violate California false impersonation laws).
When one or more people apply for a mortgage or another loan using another person’s personal information (name, address, Social Security number, driver’s license, bank account, etc.).
Whatever your situation may be, it is very important to seek the advice of a criminal defense attorney to help resolve your case.

Identity theft is a crime that can be punished as either a misdemeanor or a felony, and the penalties may be as follows:

If the offense is charged as a felony, you may face:

Up to three years in county jail.
A maximum $10,000 fine.

If the offense is charged as a misdemeanor, you may face:

Up to one year in county jail.
A maximum $1,000 fine.

If you are prosecuted under federal identity theft law, the punishment changes because the fines are much higher and you may face up to 30 years in federal prison.

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