What You Need to Know About California Identity Theft Laws: Penalties and Defenses
Identity theft can occur in many ways, impacting millions across the United States. Here’s everything you need to know about California’s identity theft laws, penalties, and defenses.
In California, perpetrators of identity theft risk penalties such as imprisonment, fines, or both. Individuals accused of identity theft can defend themselves by demonstrating insufficient evidence that they wrongfully used someone else’s personal information for any unlawful purpose.
What is Identity Theft?
Perpetrators of identity theft take another person’s personal information – for example, names, Social Security numbers, and bank accounts – and use it for any illegal purpose. Identity thieves can exploit their victims’ information in numerous ways, including fraudulently opening new accounts or even committing crimes. In California, identity theft is a crime in all of its many forms.
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Identity Theft and Penalties Under California Law
Section 530.5 of the California Penal Code notes the different types of identity theft the state recognizes:
1. An individual uses another person’s personal information without their consent.
Perpetrators who willfully obtain another person’s personal identifying information for an unlawful act (i.e., obtaining credit, goods, or committing a crime in the victim’s name) are committing identity theft. If convicted, these individuals must pay a fine, serve up to one year in county jail, or both.
2. An individual obtains, uses, or retains someone else’s personal information with the intent to defraud.
This applies to individuals who take someone else’s information illegally and deceptively obtain money. The penalty for this offense is up to one year in county jail, a fine, or both. Those previously convicted under this section of the California Penal Code may also face imprisonment in state prison. Furthermore, individuals who target ten or more people for fraudulent identity theft also face time in state prison.
3. An individual intending to defraud sells another person’s personal information.
If convicted for selling or otherwise transferring this information, individuals face up to a year in county jail, a fine, or both. Time in state prison is also a potential penalty.
4. An individual sells or transfers another’s personal information knowing that the recipient will use it for unlawful purposes.
If a person holds actual knowledge that the personal identifying information they are selling will be used to violate California’s identity theft statute, they face a fine, a sentence in state prison, or both.
California Statute of Limitations for Identity Theft
Under the California Penal Code, individuals who reasonably believe they are victims of identity theft can contact local law enforcement to initiate an investigation. In cases where the perpetrator of identity theft committed a crime in the victim’s name, the victim can petition a court to quicken the process of finding them innocent.
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California can classify instances of identity theft as misdemeanors (cases where the penalty is a fine or a maximum of one year in county jail) or felonies (cases where the penalty includes time in state prison).
For felony identity theft cases, the prosecution must commence within three years of the alleged criminal offense. For misdemeanors, the prosecution must begin within one year of the alleged violation.
Defenses to Identity Theft
Possible defenses are available for individuals who believe they have been falsely accused of committing identity theft. Under the California Penal Code, an individual must willfully acquire another person’s identifying information without their consent. Taking another individual’s personal information with their permission is not identity theft.
Furthermore, a perpetrator of identity theft must take the information for any unlawful purpose. If there was no unlawful or fraudulent intent, the identity theft charge would not hold.
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If you or a loved one would like to learn more about California Identity Theft Laws, get your free consultation with one of our Criminal Defense Attorneys in California today!