Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Impersonating someone online can be a crime in California. Penal Code 529 PC is the California statute that defines the crime of false impersonation (also known as false personation).
PC 529 makes it a crime for a person to personate someone falsely and to either:
This statute applies, for example, to false impersonations done either:
False personation is a wobbler under California law, meaning it can be charged as either a misdemeanor or a felony.
If charged as a misdemeanor, the crime is punishable by:
If charged as a felony, the offense is punishable by:
Luckily, a person accused of false personation can raise a legal defense to challenge the accusation. Common defenses include that the defendant:
Penal Code 529 is the California statute that makes it a crime for a person to commit “false impersonation.”
This statute applies to situations involving online impersonations. It also covers other scenarios, such as false impersonations involving:
The crime of false impersonation means that a party personated someone falsely (that is, pretended to be them) in their public or private capacity and either:
Some examples of illegal acts under PC 529 include:
With regards to the performance of some additional act, mentioned above, please note that PC 529 criminalizes more than just the false personation of one person as another. The false impersonation must be performed with an additional act that creates a legal or financial liability for the person being impersonated.
False personation is a wobbler under California law. This means it can be charged as either a misdemeanor or a felony depending on:
If charged as a misdemeanor, the crime is punishable by:
If charged as a felony, the offense is punishable by:
Fortunately, a defendant can raise a legal defense to try and challenge an accusation of false impersonation. Some common defenses include:
California Penal Code 148.9 PC makes it a crime for a person to falsely identify himself to a law enforcement officer.
The major differences between Penal Code 529 false impersonation and Penal Code 148.9 falsely identification to a peace officer are:
Because of this last fact, many defendants charged with Penal Code 529 false personation will try to get their charges reduced to Penal Code 148.9 false identification to an officer.
This is potentially an option for an accused if:
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.