California Penal Code 530.5 – Identity Theft

Overview

California Penal Code 530.5 PC makes it a crime to use someone else’s personal identifying information without their permission for an unlawful purpose. This can include using another person’s name, Social Security number, bank account, or online login credentials.

Identity theft charges are often based on thin digital evidence, misunderstandings, or third-party access. At Jones Trial Attorneys, we break down the state’s case, challenge their assumptions, and fight to protect your freedom, record, and reputation.

Legal Definition

Penal Code § 530.5(a) states:

“Every person who willfully obtains personal identifying information… and uses that information for any unlawful purpose without the consent of that person is guilty of a public offense.”

Personal identifying information includes:

• Name, address, or date of birth

• Social Security or driver’s license number

• Credit card, bank, or utility account numbers

• Email addresses or login credentials

• Biometric data (e.g., fingerprints, face scan)

Even attempting to use someone else’s identity can lead to charges.

Elements of the Crime

To convict someone of PC 530.5, the prosecution must prove:

1. You obtained or used someone else’s personal identifying information;

2. You did so without their consent;

3. You used the information for an unlawful purpose (e.g., fraud, theft, accessing an account);

4. You acted willfully and knowingly.

The prosecution does not need to prove that financial harm occurred—intent to use is enough.

Penalties for Identity Theft

PC 530.5 is a wobbler, meaning it can be charged as a misdemeanor or felony.

Misdemeanor Penalties

• Up to 1 year in county jail

• Up to $1,000 in fines

• Probation and possible restitution

Felony Penalties

• 16 months, 2, or 3 years in jail

• Up to $10,000 in fines

• Formal probation

• Restitution to the victim(s)

Identity theft is often charged alongside other offenses, such as forgery, theft, or computer crimes.

Defenses to PC 530.5 Charges

These cases frequently involve complex digital trails, misunderstandings, or indirect access to personal data. Common defenses include:

• Lack of intent – You didn’t use the info for an unlawful purpose

• Consent – You had permission to access or use the information

• Mistaken identity – Someone else accessed or misused the data

• Insufficient evidence – Especially in online or electronic cases

• No unlawful purpose – Merely possessing the info is not a crime without misuse

We also negotiate pre-file resolutions, diversion, or felony reductions for first-time offenders.

Immigration and Employment Consequences

PC 530.5 is considered a crime of moral turpitude, with potential consequences including:

• Deportation or inadmissibility

• Ineligibility for DACA, visas, or green card renewal

• Loss of jobs requiring trust, security clearance, or licensing

We fight to resolve identity theft charges in ways that protect both your legal and professional future.

Related Offenses

• PC 484e – Credit Card Fraud

Using or possessing stolen card data

• PC 470 – Forgery

Signing someone else’s name on a document

• PC 502 – Unauthorized Computer Access

Hacking or accessing accounts without permission

How Jones Trial Attorneys Can Help

We know identity theft cases often come down to digital evidence—and we know how to challenge it. From IP logs and login records to third-party access and fraud detection tools, we dig deeper than the prosecution.

Whether you’re facing charges for alleged online activity, check fraud, or financial impersonation, we’ll defend your name and your future.

💼 Free consultations

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