Under Penal Code § 148.9 PC, it is a criminal offense knowingly to provide false identification to a California police officer. Doing so is a misdemeanor punishable by up to 6 months in jail and a fine of up to $1000.00.
The full language of the code section reads as follows:
148.9. (a) Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, upon a lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the investigating officer is guilty of a misdemeanor.
(b) Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any other peace officer defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, upon lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the arresting officer is guilty of a misdemeanor if (1) the false information is given while the peace officer is engaged in the performance of his or her duties as a peace officer and (2) the person providing the false information knows or should have known that the person receiving the information is a peace officer.
Remember that you generally do not have to identify yourself to the police in California unless it is part of a lawful detention or arrest. However, if you do, in fact, identify yourself and do so falsely, it can be a crime under this section.
Examples
- After being pulled over for suspicion of driving under the influence, Bob tells authorities that his name is “John Doe.”
- Mike is pulled over for speeding, per VC 22350, and he gives the police officer his brother’s name when the cop asks for identifying information.
- Janelle is stopped for running a red light, per VC 21453, and she tells authorities that her name is “Barbie.”
Defenses
There are several legal defenses that you can raise if accused of a crime under PC 148.9. These include showing that you:
- were not detained or arrested,
- did not act knowingly, and/or
- were arrested after an unlawful search and seizure.
Penalties
Identity theft punishment | Maximum sentence |
Fine | $1,000 |
Jail | 6 months in jail or misdemeanor probation |
Also note that, if you are convicted of an offense under PC 148.9, this conviction will generally not have:
- any negative immigration consequences (if applicable), and
- an impact on your gun rights.
If you are convicted of this offense, you can also seek to have it expunged once you successfully complete:
- probation (if imposed), or
- any jail time (if imposed).
Our California criminal defense attorneys will explain the following in this article:
- 1. Is it a crime to give false identification to a police officer?
- 2. Are there defenses to Penal Code 148.9 PC?
- 3. What are the penalties?
- 4. Are there immigration consequences?
- 5. Can I get an expungement after a conviction?
- 6. Does a false identification conviction affect my gun rights?
- 7. Are there crimes related to false identification?
- Additional Reading
1. Is it a crime to give false identification to a police officer?
Penal Code 148.9 PC is the California statute that makes it a crime to provide false identification to a police officer knowingly.1
A prosecutor must prove three things to convict you of this crime successfully. These are:
- you knowingly provided a fake name, or the name of another person to a police officer,
- you provided this name after being lawfully detained or arrested, and
- you gave the fake or false name to avoid the court process or to avoid proper identification.2
As to the second element above, there must be detention or an arrest for PC 148.9 to apply. This means that it is not a crime to provide false identification during a consensual encounter with a police officer.3
Note that “false identification” includes giving police a false birthdate.4
2. Are there defenses to Penal Code 148.9 PC?
Here at Shouse Law Group, we have represented literally thousands of people charged with fraud crimes, including providing false IDs to police officers. In our experience, the following three defenses have proven very effective with prosecutors and judges.
There was no detention or arrest
We have had cases where our client was engaged in a consensual conversation with an officer when they offered a fake name. This is not a PC 148.9 violation because no detention or arrest occurred yet.
We rely on evidence such as police bodycam and dashcam footage, surveillance video, and eyewitness accounts to prove the police did not detain or arrest you before you gave them a fake ID. Once the D.A. sees that the order of events was legal, the charge should be dropped.
You did not act knowingly
It is not a crime to mistakenly provide a fake ID to police officers. We see this happen with some frequency, especially since people are understandably nervous after being detained or arrested.
Sometimes defendants carry both a genuine ID and a fake ID on them, and they hand police the fake one by accident. During the stress of being questioned, defendants sometimes speak gibberish and provide false information out of sheer anxiety.
Unless the prosecutors can prove beyond a reasonable doubt that you intended to provide false information – which is a very high bar – criminal charges cannot stand.
The police committed an unlawful search and seizure
It is not uncommon for police to make mistakes, such as by committing an unlawful search by:
- not getting a search warrant;
- searching outside the bounds of the warrant; or
- conducting a warrantless search without a lawful justification.
Whenever the police may have committed an unlawful search, we ask the judge to suppress any evidence the police obtained through the unlawful search.
If the judge agrees to suppress the evidence – which in PC 148.9 cases could include a fake ID or text messages indicating an intention to deceive the police – the D.A. may be left with too weak a case to continue prosecuting.
3. What are the penalties?
A violation of this statute is charged as a misdemeanor in California.5
The crime is punishable by:
- imprisonment in county jail for up to six months, and/or
- a maximum fine of $1,000.6
Please note that in lieu of jail time, a judge may award you with misdemeanor (or summary probation).
4. Are there immigration consequences?
A PC 148.9 conviction generally has no negative immigration consequences.
Note that under United States immigration law, certain kinds of criminal convictions in California can lead to a non-citizen being deported. Some convictions can also make an immigrant “inadmissible.”
A conviction for false identification to police, on its own, will not lead to deportation or to an inadmissibility status.
Further, with regard to immigration consequences, a crime of false identification is not a crime of moral turpitude.7
5. Can I get an expungement after a conviction?
If you are convicted under PC 148.9, you can try to get the offense expunged.
Under Penal Code 1203.4, an expungement releases you from virtually “all penalties and disabilities” arising out of the conviction.8
One particular benefit is that an expunged conviction does not need to be disclosed to potential employers.
As a basic rule, PC 1203.4 authorizes an expungement for a misdemeanor or felony offense provided you:
- successfully completed probation (either felony probation or misdemeanor probation), and
- are not currently:
- charged with a criminal offense,
- on probation for a criminal offense, or
- serving a sentence for a criminal offense.9
This means that once you have successfully completed probation for violating PC 148.9, or serving a jail term for the same, you may begin trying to get the crime expunged.
6. Does a false identification conviction affect my gun rights?
A conviction under Penal Code 148.9 does not have an effect on your gun rights.
Note that some felony and misdemeanor convictions will result in you losing your rights to own a gun in California.
Also note that some misdemeanors carry a 10-year firearm ban.
But a conviction involving false identification will not result in you losing ownership of your gun or being banned from the gun for a period of time.
7. Are there crimes related to false identification?
There are three crimes related to false identification to a police officer. These are:
- false impersonation – PC 529,
- resisting arrest – PC 148, and
- false statements/information to a police officer – VC 31.
False impersonation – PC 529
Penal Code 529 PC is the California statute that defines the crime of “false impersonation” (also called “false personation”).
This section makes it a crime to:
- “personate” someone falsely (that is, pretend to be them) in their public or private capacity, and
- perform any other act that might cause the person being impersonated to become liable to a lawsuit or prosecution or become obligated to pay money.10
False personation is what is known as a “wobbler” in California law. This means that it may be charged as either a California misdemeanor or a felony.11
If charged as a misdemeanor, the crime is punishable by up to one year in county jail.12
If charged as a felony, the offense is punishable by up to three years in county jail.13
Resisting arrest – PC 148
Penal Code 148 PC is the California statute that makes it a crime to willfully resist or obstruct a police officer, or EMT, in the performance of their official duties.14
Many are aware that resisting arrest includes trying to obstruct the police as they are lawfully taking you into custody. Though the crime also includes a wide range of other activity, like:
- interfering with a police officer’s travel to the scene of a crime or accident,
- obstructing the authorities from interviewing a witness of a crime, and
- trying to interfere with police while they are monitoring a suspect in custody.
A violation of this statute is charged as a misdemeanor in California.15
The crime is punishable by:
- imprisonment in county jail for up to one year, and/or
- a maximum fine of $1,000.16
False statements/information to a police officer – VC 31
Vehicle Code 31 VC is the California statute that makes it a crime to give false information to a police officer.17
“False information” may include:
- a false name,
- a fake, counterfeit, or “borrowed” driver’s license,
- a fake, forged, or counterfeit registration (which would also be a violation of Vehicle Code 4463 VC California’s fraudulent vehicle registration law), or
- any known false answer to a question.
A violation of VC 31 is charged as a misdemeanor in California. The offense is punishable by:
- up to six months in county jail, and/or
- a fine of up to $1,000.18
Additional reading
For more in-depth information, refer to these articles:
- Stars in Their Lies: How Better to Identify People Who Give False Dates of Birth to Police – Policing.
- Fake I.D. – Is it worth the Risk? – The Observer.
- You shall not pass: how facial variability and feedback affect the detection of low-prevalence fake IDs – Cognitive Research: Principles and Implications.
- Understanding Identity Theft: Offenders’ Accounts of Their Lives and Crimes – Criminal Justice Review.
- Blurred Lines of Identity Crimes: Intersection of the First Amendment and Federal Identity Fraud – Columbia Law Review.
Legal References:
- California Penal Code 148.9 PC. See, for example, People v. Guion (Cal. App. 1st Dist., 2013), 213 Cal. App. 4th 1426; People v. Walker (Cal. App. 6th Dist., 2012) 210 Cal. App. 4th 165; In re Kelly W. (Cal. App. 2d Dist., 2002), 95 Cal. App. 4th 468; People v. Chardon (Cal. App. 6th Dist., 1999), 77 Cal. App. 4th 205; People v. Webb (Cal. App. 1st Dist. 2017) 13 Cal. App. 5th 486.
- See same.
- In re Voeurn O. (1995), 35 Cal. App. 4th 793. See also People v. Riley (2018), Cal. App. Unpub. Lexis 693.
- People v. Ivan J. (2001), 88 Cal. App. 4th 27.
- California Penal Code 148.9 PC.
- California Penal Code 19 PC.
- Blanco v. Mukasey (2008), 518 F.3d 714.
- California Penal Code 1203.4 PC.
- See same.
- California Jury Instructions – Criminal (“CALJIC”) 15.58 – False Personation.
- California Penal Code 529 PC.
- See same.
- See same.
- California Penal Code 148 PC.
- See same.
- See same.
- California Vehicle Code 31 VC.
- California Vehicle Code 40000.5 VC.