California Penal Code § 530.5 PC prohibits identity theft, which is using someone else’s personal identifying information “for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without that person’s consent.”
In California, identity theft is a wobbler. This means the charges can be filed as either a:
- misdemeanor carrying up to 1 year in jail and/or $1,000, or
- felony carrying 16 months, 2 years, or 3 years in jail and/or up to $10,000.
Common examples of identity theft include:
- signing someone else’s name on a check,
- using another student’s school I.D. to pay for school lunch, or
- giving a police officer someone else’s driver’s license information to avoid a ticket.
Below our California criminal defense attorneys discuss what you need to know about identity theft. Click on a topic to jump to that section.
- 1. 530.5 PC Crimes
- 2. Defenses
- 3. Penalties
- 4. Immigration Consequences
- 5. Expungements
- 6. Gun Rights
- 7. Avoiding ID Theft
- 8. Remedies for Victims
- 9. Related Offenses
- Additional Resources
1. 530.5 PC Crimes
California Penal Code 530.5 PC makes identity theft a crime in four situations. These include:
- 530.5(a) PC – willfully (purposely) obtaining another person’s personal identifying information without their consent and using that information for any unlawful purpose.
- 530.5(c) PC – taking another person’s personal identifying information, without that person’s consent, with the intent to commit a fraud.
- 530.5(d)(1) PC – selling, transferring or providing the personal identifying information of another person, without that person’s consent, with the intent to commit a fraud.
- 530.5(d)(2) PC – selling, transferring or providing the personal identifying information of another person with the actual knowledge that the information will be used to commit a fraud.
For purposes of this statute, “personal identifying information” comprises such information as:
- a person’s name, date of birth, address and telephone number,
- tax I.D. and social security numbers on one’s social security card,
- driver’s license numbers with the Department of Motor Vehicles and passport information,
- school I.D. and employee I.D. numbers,
- mother’s maiden name,
- bank account information and/or credit card numbers,
- financial information on IRS tax returns, and
- information contained in birth and death certificates.
Note that you can be found guilty of identity theft even if no one was actually defrauded or suffered a loss. Your actions are what is important, not the result.1
Example: Marcos steals his neighbor’s bank and credit card information through a phishing email on social media. He plans on using them to purchase a new television for his Los Angeles home. Marcos is guilty of identity theft because took a deliberate act that was designed to cause his neighbor to suffer a financial loss. Even if his plan fails, he is still guilty.
Identity theft is taking another person’s personal identifying information for an unlawful purpose
2. Defenses
Here at Shouse Law Group, we have represented literally thousands of clients accused of fraud, including ID theft. In our experience, the following four defenses are very persuasive with prosecutors, judges and juries at getting 530.5 PC charges dismissed.
1) You Had No Unlawful Purpose When Taking the Personal Information
Recall that you are only guilty under 530.5 PC if you took personal information for an unlawful purpose. This means it is a defense for you to show that you were not going to break the law.
In past cases, we were able to show that our clients took information to compile a report or at the direction of their employer or for another benign reason.
2) You Did Not Act Willfully to Obtain the Personal Information
Also recall that you only commit ID theft if you took a willful act to take personal information. Therefore, it is a defense to say that you did not take certain information on purpose. Perhaps, for example, you got someone else’s information by accident.
We work to compile all the evidence available to show lack of willfulness. Depending on the case, this could include recorded communications, eyewitness accounts, and surveillance video.
3) You Did Not Intend to Defraud Anyone
Depending on the facts of your 530.5 PC case, a prosecutor may have to prove you acted with the intent to defraud. This means it is a defense to say you did not act with fraudulent intent.
In our experience, we find that this is often the strongest defense since the D.A. can never definitively show what is inside of your head. As long as we can raise a reasonable doubt as to your intent, the charge should be dismissed.
4) Someone Falsely Accused You
We typically see our clients get falsely accused of identity theft when someone else (such as an ex-partner or ex-friend) is trying to get them into trouble out of anger or revenge. In some cases, complete strangers who are trying to get out of their own debts find our clients online and target them.
The best evidence to show you were falsely accused is recorded communications between you and the accuser showing that they have a motivation to lie about you. As long as we can impeach their credibility, the D.A. will have trouble sustaining criminal charges.
All types of identity theft can result in jail time and/or a fine
3. Penalties
Identity theft is a wobbler in California, which means that a prosecutor can charge it as either a misdemeanor or felony.
If charged as a misdemeanor, violating 530.5 PC carries:
- summary probation,
- up to 1 year in jail,
- up to $1,000 in fines, and
- victim restitution.
If charged as a felony, violating 530.5 PC is punishable by:
- formal probation,
- 16 months, 2 years, or 3 years in jail,
- up to $10,000 in fines, and
- victim restitution.2
In some cases, we can reach out to prosecutors after your arrest but before charges get filed in attempt to persuade them to bring only misdemeanor charges (or none at all).
4. Immigration Consequences
Since ID theft involves fraud, non-citizens convicted of it could be deported for it.3 Aliens facing any criminal charges should seek legal help as soon as possible in attempt to get the charges dismissed or reduced to a non-deportable offense.
5. Expungements
You can get a criminal record expungement following a California conviction for ID theft as long as you successfully complete:
- probation, or
- a jail sentence (whichever is applicable).
Following the expungement, your 530.5 PC conviction should no longer show up on your background check.4
6. Gun Rights
A felony ID theft conviction under 530.5 PC will cause you to lose your gun rights. That is why we fight to get any felony charges reduced to a misdemeanor or dismissed so there are no gun-related repercussions in California.5
Everyone is advised to enroll in credit monitoring so that fraud can be caught quickly.
7. Avoiding ID Theft
Do the following to help reduce the risk of ID theft:
- Avoid giving out personal information to people/sources that are not trustworthy,
- Destroy or shred documents and old credit cards,
- Invest in and install a mailbox key lock,
- Create smart passwords,
- Frequently check online accounts with financial institutions for unfamiliar withdrawals,
- Frequently check credit reports from the credit bureaus,
- Avoid using a public internet source to view sensitive information,
- Be on the lookout for the latest scam and any other warning signs of ID theft, and
- Change passwords after any reported data breaches
8. Remedies for Victims
California’s Attorney General’s office published a checklist for ID theft victims. If your identity has been stolen, consider these 10 steps:
- Report identity theft to the three major credit reporting agencies (Experian, Transunion, Equifax) and set up a fraud alert,
- Report the crime to a law enforcement agency (file a police report),
- Call creditors to see if the thief opened any new accounts,
- Request free credit reports from annualcreditreport.com,
- Carefully review credit reports and credit scores,
- Consider a credit freeze,
- Enter his name into the California ID Theft Registry,
- File a report with identitytheft.gov,
- Check personal computer for malware, and
- Invest in data security- and identity theft protection software
9. Related Offenses
Five crimes that our California criminal defense lawyers frequently see charged along with ID theft include the following:
- False personation (529 PC) – using someone else’s name, identity, or likeness to cause harm or to gain an advantage unlawfully, such as obtaining credit or employment.
- Credit card fraud (484(e) PC) – using a credit card in a fraudulent way, such as using it without the owner’s permission or using a fake credit card.
- Grand theft (487 PC) – stealing more than $950 worth of property or stealing a firearm or car.
- Forgery (470 PC) – falsifying a signature or seal or counterfeiting documents when doing so with fraudulent intent.
- Mail theft (530.5e PC) – stealing someone else’s mail.
Note that identity theft is illegal under federal law as well.
Additional Resources
For more information, refer to the following:
- Report Fraud with the Federal Trade Commission – Government agency that protects consumers.
- Identity Theft Victim Checklist – Guide by the California Department of Justice.
- Fraud Detention and Reporting wih the Social Security Administration – Government agency that administers social programs covering disability, retirement, and survivors’ benefits, among other services.
- What is Identity Theft? – Article by the U.S. Department of Justice.
Legal References:
- California Penal Code 530.5.
Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.
(b) In any case in which a person willfully obtains personal identifying information of another person, uses that information to commit a crime in addition to a violation of subdivision (a), and is convicted of that crime, the court records shall reflect that the person whose identity was falsely used to commit the crime did not commit the crime.
(c) (1) Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment.
(2) Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and who has previously been convicted of a violation of this section, upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.
(3) Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of 10 or more other persons is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.
(d) (1) Every person who, with the intent to defraud, sells, transfers, or conveys the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.
(2) Every person who, with actual knowledge that the personal identifying information, as defined in subdivision (b) of Section 530.55, of a specific person will be used to commit a violation of subdivision (a), sells, transfers, or conveys that same personal identifying information is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment pursuant to subdivision (h) of Section 1170, or by both a fine and imprisonment.
(e) Every person who commits mail theft, as defined in Section 1708 of Title 18 of the United States Code, is guilty of a public offense, and upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment. Prosecution under this subdivision shall not limit or preclude prosecution under any other provision of law, including, but not limited to, subdivisions (a) to (c), inclusive, of this section.
(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.
There is no requirement to prove that the defendant personated the victim. See People v. Barba (2012) 211 Cal.App.4th 214, 223-224. California Penal Code 530.55. California Penal Code 530.5a. CALCRIM No. 2040 – Unauthorized Use of Personal Identifying Information. Judicial Council of California Criminal Jury Instructions (2024 edition). People v. Hagedorn (2005) 127 Cal.App.4th 734. CALCRIM No. 2040. See also Linares-Gonzalez v. Lynch (2016) 823 F.3d 508. See also People v. Shah (Cal.App. 2023) . - California Penal Code 530.5 PC. See also California Penal Code 19. See also California Penal Code 1170h. See also People v. Baratang (Cal. App. 1st Dist. 2020) 56 Cal. App. 5th 252.
- Linares-Gonzalez v. Lynch, supra.
- California Penal Code 1203.4.
- 29800 PC.