Identity Theft | Penal Code § 530.5

Description

The crime of Identity Theft may be charged against a person who willfully obtains personal identifying information or another person and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property or medical information with the consent of the person.

What does the prosecutor have to prove?

1. The defendant willfully obtained personal identification information of another person.
2. The defendant used the information for an unlawful purpose, including obtaining, or attempting to obtain, credit, goods, services, or medical information in the name of the other person.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	Yes
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No