When is it a crime to use a “False ID” in California?

Posted on June 7, 2015

Penal Code 148.9 PC is a crime of presenting false identification to a peace officer or a police officer in California, and it’s a crime when you do so with the purpose of evading the process of the court or preventing the police officer from properly identifying you. So this could be presenting a false name, a false date of birth, a false address. Presenting a fictitious driver’s license. Anything that would prevent the police officer from properly identifying you as yourself.

And the crime is charged together with or distinguished from the crime of false personation. And the big difference is that false personation could only be charged if you are trying to assume the identity of a real person. Whereas Penal Code 148.9 could be charged if you’re trying to assume the identity of a real person or a fictitious person that you’ve made up.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

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