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 in order to harm that person or to secure an unjust benefit for yourself.
Identifying information might include things such as social security numbers, credit card numbers or other personal or financial information. The identifying information is usually 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 a loan using someone else’s name and credit information.
Identity thieves often steal someone else’s name and social security number in order 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.
Identity theft is a ‘wobbler’, which means it can be charged as a misdemeanor or a felony depending on the facts of the case and the defendant’s criminal history, if any. If charged as a misdemeanor, you face up to one year in county jail and if charged as a felony, you can face up to three years in jail or prison, a maximum $10,000 fine, or both. However, if you are prosecuted under the federal statue 18 U.S. Code § 1028, you face 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 that will be used to produce false identification documents.
Identity theft is a crime of moral turpitude, which is particularly important for immigrants and legal resident aliens as it means that as a consequence of their convictions they may be subject to removal or deportation.
Identifying information might include things such as social security numbers, credit card numbers or other personal or financial information. The identifying information is usually 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 a loan using someone else’s name and credit information.
Identity thieves often steal someone else’s name and social security number in order 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.
Identity theft is a ‘wobbler’, which means it can be charged as a misdemeanor or a felony depending on the facts of the case and the defendant’s criminal history, if any. If charged as a misdemeanor, you face up to one year in county jail and if charged as a felony, you can face up to three years in jail or prison, a maximum $10,000 fine, or both. However, if you are prosecuted under the federal statue 18 U.S. Code § 1028, you face 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 that will be used to produce false identification documents.
Identity theft is a crime of moral turpitude, which is particularly important for immigrants and legal resident aliens as it means that as a consequence of their convictions they may be subject to removal or deportation.
Examples of Defense Against Identity Theft
A lot of people are wrongly accused of identity theft. For example, you might have had someone else’s information but with his/her consent.
A key element of identity theft is fraudulent intent; possessing someone else’s personal identifying information is not a crime in and of itself. It only rises to the level of identity theft if you either use that information in an unlawful manner or with fraudulent intent. Similarly, you might be in possession of certain information but it was someone else who actually took it. If you find yourself in such a situation, we invite you to contact us as soon as possible.
There is a special defense built into the law 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) or 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.” Therefore, as long as you comply with this provision and you do not intend to use the information in a fraudulent manner, you are exempt from prosecution for identity theft.
A key element of identity theft is fraudulent intent; possessing someone else’s personal identifying information is not a crime in and of itself. It only rises to the level of identity theft if you either use that information in an unlawful manner or with fraudulent intent. Similarly, you might be in possession of certain information but it was someone else who actually took it. If you find yourself in such a situation, we invite you to contact us as soon as possible.
There is a special defense built into the law 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) or 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.” Therefore, as long as you comply with this provision and you do not intend to use the information in a fraudulent manner, you are exempt from prosecution for identity theft.