Penal Code § 529 PC – “False Impersonation” – California Law

Penal Code 529 is a California law that prohibits false impersonation or false personation, which involves using someone else’s

• name,
• identity, or
• likeness for unlawful purposes.

Under this section, it is a criminal offense to use another person’s identity to cause harm or to gain an advantage unlawfully, such as obtaining credit or employment.

False impersonation can lead to serious consequences, including fines and imprisonment, and may also result in civil liability for damages. Examples of false impersonation include

• using someone else’s identity to obtain a loan or credit,
• falsely claiming to be a law enforcement officer, or
• pretending to be someone else on social media to harass or intimidate others.

The language of the code section states that:

529. (a) Every person who falsely personates another in either his or her private or official capacity, and in that assumed character does any of the following, is punishable pursuant to subdivision (b):

(1) Becomes bail or surety for any party in any proceeding whatever, before any court or officer authorized to take that bail or surety.

(2) Verifies, publishes, acknowledges, or proves, in the name of another person, any written instrument, with intent that the same may be recorded, delivered, or used as true.

(3) Does any other act whereby, if done by the person falsely personated, he might, in any event, become liable to any suit or prosecution, or to pay any sum of money, or to incur any charge, forfeiture, or penalty, or whereby any benefit might accrue to the party personating, or to any other person.

(b) By a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment.

Here at Shouse Law Group, we have represented literally thousands of people accused with fraud-related charges such as false impersonation, and we have a long track record of getting these cases reduced or dismissed completely.

Our California criminal defense attorneys will highlight the following in this article:

• 1. Is it a crime to impersonate someone?
• 2. Are there legal defenses that can help me?
  • 2.1. You took no additional act
  • 2.2. You were falsely accused
  • 2.3. PC 529 does not apply
• 3. What are the penalties for a 529 PC conviction?
• 4. Are there immigration consequences?
• 5. Can I get my conviction expunged?
• 6. Does a conviction affect gun rights?
• 7. Are there related offenses?
  • 7.1. False identification to an officer – PC 148.9
  • 7.2. Theft by false pretenses – PC 532
  • 7.3. Identity theft – PC 530.5
• 8. Can you sue for false impersonation?

1. Is it a crime to impersonate someone?

It can be. A prosecutor must prove the following to convict you under PC 529:

1. you did falsely impersonate someone else in your public or private capacity, and
2. you performed an additional act that created:

• some kind of liability for that person, or
• some benefit for you.¹

Note that this additional act must be something more than you:

• identifying yourself as another person, or
• presenting evidence that claims to show you are someone else.²

According to Penal Code 529, this requirement is met if you:

1. serve as bail or surety before a court in someone else’s name,
2. verify, publish, or prove a written instrument in another’s name,
3. commit an act that exposes the other person to civil or criminal liability or gives you a benefit.³

Example: Patrick is arrested for stealing a car. At booking, he gives the police officer the name of his brother, John. He also signs John’s name on the booking and release forms. Patrick is released on his own recognizance and fails to appear at his next scheduled hearing. A law enforcement officer then arrests John on charges of grand theft auto, per Penal Code 487d1 PC.

Here, Patrick is guilty of false impersonation by giving the identity of another person. He committed an “additional act” when he signed his brother’s name on the booking and release forms.

Note that this example is based on the facts of a real California court case.⁴ Other examples of false impersonation we have seen include:

• giving an officer another’s name and that other person gets arrested for income tax evasion.
• opening a credit card in someone else’s name and buying clothes on it.
• using another person’s name to get into a country club and then playing golf for free.
• using another bank account owner’s name to gain access to their savings account and withdraw money for a college savings plan.
• exchanging information after a car accident, and saying you are actually someone else – thereby exposing that other person to civil liability for the crash

2. Are there legal defenses that can help me?

In our experience fighting false impersonation charges in California, we have found these three defenses to be especially persuasive with judges, juries and prosecutors:

1. You took no additional act,
2. You were falsely accused, and/or
3. PC 529 does not apply.

2.1. You took no additional act

Recall that you are guilty under this statute only if you took some additional act beyond falsely identifying yourself. This means it is a legal defense for you to say you did not commit this “other” act.

Therefore, we work to convince the D.A. that they have insufficient evidence that you performed any additional act, or that the evidence they do have is unreliable or inconsistent. In our experience, prosecutors will drop the case once we show there is a reasonable doubt.

Note that the following do not count as additional acts:

• giving a false middle name to go with a false identity⁵, and
• showing the driver’s license or ID of the person being impersonated.⁶

2.2. You were falsely accused

It is not unusual for a person to falsely accuse someone of false impersonation in the attempt to cover up their own guilt. It is a defense, therefore, for us to say you were unjustly blamed.

In these cases, we would compile all the relevant recorded communications from your accuser such as texts and voicemails to show that they were motivated to lie (perhaps out of anger or revenge). There may also be video or eyewitness reports that indicate the accuser was lying.

2.3. PC 529 does not apply

Recall that you are only guilty under these laws if you:

1. served as bail or surety before a court in someone else’s name, or
2. verified, published, or proved a written instrument in another’s name, or
3. committed an act that exposed the other person to civil or criminal liability or gave you a benefit.

This means it is a defense for you to say that your actions fell outside the scope of PC 529’s three scenarios. Perhaps, for example, you impersonated someone as a joke or you pretended to be a fictional person.

Note that we can usually get the district attorney to agree to a favorable resolution without resorting to trial.

3. What are the penalties for a 529 PC conviction?

False impersonation is a wobbler offense in California. A wobbler is a crime that a prosecutor can charge as either a misdemeanor or a felony depending on:

• the context of the false impersonation (how it was used);
• if the false impersonation caused any damages to any victim(s), and how much; and/or
• your criminal history.

If charged as a misdemeanor, impersonating is punishable by:

• misdemeanor (or summary) probation,
• custody in county jail for up to one year, and/or
• a maximum fine of $10,000.⁷

If charged as a felony, the offense is punishable by:

• felony (or formal) probation,
• imprisonment in county jail for up to three years, and/or
• a maximum fine of $10,000.⁸

4. Are there immigration consequences?

In our experience, a conviction of false personation will likely not have immigration consequences. Though this area of the law is in a state of flux, so non-citizens are encouraged to contact legal counsel as soon as possible after being arrested.

5. Can I get my conviction expunged?

You can get an expungement of a false personation conviction.

Note that for this to happen though, you must complete your:

• probation, or
• jail term (whichever one was imposed).

6. Does a conviction affect gun rights?

A felony false impersonation conviction will negate your gun rights. This is because California law says that it is illegal for convicted felons to:

• own a gun, or
• possess a gun.

7. Are there related offenses?

7.1. False identification to an officer – PC 148.9

Penal Code 148.9 PC is the California statute that makes it a crime for you to knowingly provide false identification to a peace officer.

This statute only applies to giving information to a police officer. Penal Code 529 applies to giving another person’s name to:

• police, and
• non-police officers alike.

7.2. Theft by false pretenses – PC 532

Penal Code 532 PC is the California statute that defines the crime of “theft by false pretenses.”

Theft by false pretenses is the act of you:

• convincing someone to voluntarily give you their property,
• by telling them something that is not true or making a promise that you will not keep.

Like many cases of false personation, this crime involves you getting an undue benefit.

7.3. Identity theft – PC 530.5

Penal Code 530.5 PC is the California statute that defines the crime of identity theft.

You commit this offense when you:

1. take someone’s personal identifying information, and
2. use it in any unlawful or fraudulent manner.

Unlike PC 529, a prosecutor must prove fraud to convict you of this offense.

8. Can you sue for false impersonation?

Yes. Victims of false impersonation can recover money damages from:

[a]ny person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person’s prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian[.]

Victims should be able to recover the greater of:

• $750, or
• the victim’s actual damages

Plus, victims should be able to recover any profits from the unauthorized use as well as attorney’s fees and costs. Finally, the judge may award punitive damages.⁹

For additional help…

Arrested for a crime under California state or federal law? For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group. Our law firm has offices throughout the state, including Los Angeles, Santa Monica, Glendale, Torrance, Newport Beach, Orange County, San Francisco, San Diego, and more.

For information on false impersonation in Nevada and Colorado, please see our articles on:

• “NRS 205.450 – Nevada False Impersonation Laws and NRS 199.430 Impersonation of a Public Officer” and
• “CRS 18-5-113 – Criminal Impersonation in Colorado.”

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