California Identity Theft Laws
Overview of California Identity Theft Laws
Identity theft often results in stressful, frightening, or even financially-harmful situations. Many pieces of personally identifying information can be used for a defendant's financial gain or to damage a victim's reputation and credit history. Preventing identity theft should be a high priority for consumers, but there are steps you can take to recover from identity theft.
California prohibits obtaining the personally identifying information of another person with the intention of using that information for an unlawful purpose. A prosecutor must show that the defendant willfully obtained the personally identifying information and used it without the owner's consent. California law also criminalizes the sale or transfer of another person's personally identifying information when the defendant had actual knowledge that the information would be used for an unlawful purpose or the defendant had a fraudulent intent when selling or transferring the information.
A prosecutor must show an unlawful purpose for the personally identifying information. Under state law, a number of activities reflect an unlawful purpose for another person's personally identifying information. These activities include applying for credit, obtaining goods or property, or requesting medical information. For example, a defendant may have opened credit cards using another person's name and other pieces of personally identifying information.
The California Penal Code list the types of personally identifying information that may be unlawfully taken or used during identity theft crimes. These types of information include the victim's name, social security number, taxpayer identification number, driver's license number, passport number, address, phone number, and other related pieces of information. State law also includes certain types of financial information as personally identifying information; for example, financial information might include bank account numbers, banking pin numbers, and credit card numbers. In addition, California law includes biometric information such as fingerprints, voiceprints, retina and iris images, and other data as personally identifying information.
Additionally, California prosecutors may charge you with the more serious crime of "criminal identity theft" if your actions affect an identity theft victim's criminal record.
Defenses to California Identity Theft Charges
- Consent given by the owner of the personally identifying information
Penalties and Sentences
California imposes similar penalties and sentences for identity theft crimes, regardless of whether the defendant acquired, retained, sold, transferred, or used the personally identifying information for an unlawful purpose. The actual sentence often depends on the circumstances of the crime and the severity of the harm suffered by the victim. California law establishes punishment by a fine, imprisonment in county jail for a term of up to one year, both a fine and term in county jail, or an increased sentence based on the defendant's prior criminal record and other circumstances as permitted by law.
California Identity Theft Laws: Statute
California Penal Code Section 530.5-530.55 (scroll down for sections)
Note: State laws are constantly changing -- contact a California consumer protection attorney or conduct your own legal research to verify the state law(s) you are researching.