Theft

Identity Theft

Identity theft in California is addressed by Penal Code 530.5. Identity theft refers to the misuse of another person’s identifying information to harm that person or to secure an unjust benefit for oneself.

Identifying information might include items such as social security numbers, credit card numbers, or other personal or financial information. This information is often acquired through stolen wallets, purses, or credit card receipts. However, such information is increasingly acquired through the Internet.

Other common forms of identity theft involve applying for a mortgage or loan using someone else’s name and credit information.

Identity thieves frequently use someone else’s name and social security number to collect welfare or other insurance benefits. This is also a violation of California’s welfare fraud laws and California’s unemployment insurance fraud laws.

Charges and Penalties for Identity Theft

Identity theft is a ‘wobbler’, which means it can be charged as either a misdemeanor or a felony depending on the case facts and the defendant’s criminal history, if any.

If charged as a misdemeanor, the defendant may face up to one year in county jail.
If charged as a felony, the defendant may face up to three years in jail or prison, a maximum $10,000 fine, or both.
However, if prosecuted under the federal statute 18 U.S. Code § 1028, the defendant faces increased fines and up to 30 years in federal prison.

The federal law is more comprehensive than California’s identity theft law. This law additionally prohibits acts such as knowingly presenting someone else’s identification, knowingly transferring a stolen identification document, and knowingly producing, transferring, possessing, or trafficking in equipment to produce false identification documents.

Immigration Consequences

Identity theft is considered a crime of moral turpitude, which is particularly important for immigrants and legal resident aliens. As a result of a conviction, they may be subject to removal or deportation.

Examples of Defense Against Identity Theft

Many individuals are wrongly accused of identity theft. For example, one might possess someone else’s information but have obtained it with that person’s consent.

A key element of identity theft is fraudulent intent; possessing someone else’s personal identifying information is not inherently a crime. It only becomes identity theft if that information is used unlawfully or with fraudulent intent. Similarly, a person may possess certain information but not be the one who actually took it. If you find yourself in such a situation, contact us as soon as possible.

Special Defense for Computer Service or Software Providers

Under Penal Code 530.5 subdivision (f), “an interactive computer service or access software provider, as defined in subsection (f) of Section 230 of Title 47 of the United States Code, shall not be liable under this section unless the service or provider acquires, transfers, sells, conveys, or retains possession of personal information with the intent to defraud.”