Identity theft is defined as willfully obtaining someone’s personal information, and using that information for an unlawful purpose. It is described in Penal Code section 530.5, which provides that having another person’s personal information is not illegal until it is used to commit fraud or other unlawful conduct. The obvious example of identity theft is the taking of a person’s credit card or banking information and using it to buy things. Identity theft can be charged as a felony or misdemeanor, and punishment will depend on that designation:
As a misdemeanor, identity theft is punishable by up to one year in county jail, a $1,000 fine or both.
As a felony, it is punishable by state prison (up to three years) and a $10,000 fine or both.
A person can also commit identity fraud (as opposed to identity theft) by obtaining a victim’s medical information — usually over the Internet. These crimes are becoming more common as online purchasing has become easier.
Updated 3/5/2024An identity theft conviction under section 530.5 cannot be reclassified as a misdemeanor under Prop 47.A felony conviction for misuse of personal identifying information under Penal Code section 530.5 (a) cannot be reduced to misdemeanor shoplifting under Prop 47 because identity theft is not really a theft. Rather, section 530.5 criminalizes the willful use of someone’s identifying information.id: 26684
Evidence did not support the identity theft conviction because there was no evidence that defendant used the victims’ identifying information for an unlawful purpose without their consent. Evidence did not support the defendant’s multiple identify theft convictions under Penal Code section 530.5, subd.(a). There was no evidence that he used the victims’ information for an unlawful purpose where he deposited their checks or accepted their wire transfers. Moreover, he did not use their information without consent. The victims sent him checks or wired money intending that he would get the money. While he did not use the money as promised (and committed theft) he did not use the victim’s identifying information without consent.id: 25242
About Pat Ford
Pat Ford is a criminal defense lawyer in San Diego who works on appeals in some of the most difficult cases around the state. He has a great record for success and integrity. Pat has also published a criminal case law digest since 1984 that's used by judges and lawyers around the state. He also speaks and writes articles for criminal lawyers as well as consumers interested in the law. The consumer-related articles are intended to be informative but do not constitute legal advice.
Case of the Day
The case of the day summarizes a current case and is viewed by lawyers and judges around the state every day.
Exclusion of 18-25 year-olds from the youthful offender provisions of section 3051 did not violate equal protection. Penal Code section 3051 establishes a parole eligibility hearing for juveniles convicted of special circumstance murder and sentenced to life without the possibility of parole. Excluding persons 18-25 from the youthful offender parole hearing provision did not violate equal protection principles.id: 27245