Identity Theft Defense in CaliforniaCalifornia Penal Code § 530.5

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PENAL CODE § 530.5 – IDENTITY THEFT

Penal Code § 530.5 makes it a public offense for every person who willfully obtains personal identifying information of 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 without the consent of that person

Penal Code § 530.5 is a wobbler. This means that it can be punished as a misdemeanor or felony. A misdemeanor conviction under Penal Code § 530.5 is punishable by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment. However, the offense may be elevated to a felony depending on the defendant’s criminal history and other relevant factors

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