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Cal. Penal Code § 148.9 (2026)

✓ current as of May 2026
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(a)Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, upon a lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the investigating officer is guilty of a misdemeanor.

(b)Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any other peace officer defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, upon lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the arresting officer is guilty of a misdemeanor if (1) the false information is given while the peace officer is engaged in the performance of his or her duties as a peace officer and (2) the person providing the false information knows or should have known that the person receiving the information is a peace officer.

Notes of Decisions
Cited in 140 cases (27 in the last 5 years), 1987–2025 · leading case: Schmidlin v. City of Palo Alto, 69 Cal. Rptr. 3d 365 (Cal. Ct. App. 2008).
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Schmidlin v. City of Palo Alto, 69 Cal. Rptr. 3d 365 (Cal. Ct. App. 2008). · cites it 3× “"Finally, plaintiff was arrested and prosecuted by the District Attorney for the crime of giving false identification in violation of California penal Code Section 148.9, which makes it a misdemeanor to provide false information or false identification to a police officer for…”
United States v. Richard Samuel Huffhines, 967 F.2d 314 (9th Cir. 1992). · cites it 4× “Huffhines did so and as soon as he was outside, he was arrested for falsely identifying himself to a police officer in violation of California Penal Code § 148.9. He was searched and a set of car keys was found in his possession.”
People v. Lopez, 453 P.3d 150 (Cal. 2019). · cites it 2× “At that point, the officer is no longer solely concerned with issuing an enforceable traffic citation; lying to a police officer about one’s identity is a criminal offense punishable by imprisonment in county jail.”
People v. W.R. (In re W.R.), 231 Cal. Rptr. 3d 359 (Cal. Ct. App. 5th 2018). “(a)(4), count 2), and false personation ( Pen. Code, § 148.9, subd. (a), count 3). After a contested jurisdiction *362 hearing, the trial court found the allegations not true and returned the case back to San Mateo County on October 1, 2014.”
People v. Anderson, 7 Cal. Daily Op. Serv. 7502 (Cal. Ct. App. 2007). “Code, § 211) and presenting false identification to a peace officer (Pen. Code, § 148.9, subd. (a)). He was also found to have used a deadly weapon in connection with the robbery (Pen.”
Ha Nguyen v. Ben Curry, 736 F.3d 1287 (9th Cir. 2013). “Health & Safety Code § 11350 (a) (“Count One”); felony possession of a forged driver’s license with intent to facilitate forgery, CaLPenal Code § 470b (“Count Two”); and misdemeanor false identification to a peace officer, CaLPenal Code § 148.9(a) (“Count Three”).”
People v. Guillen, 212 Cal. App. 4th 992 (Cal. Ct. App. 2013). · cites it 2× “5; Pen. Code, § 148.9, subd. (a)). 1 The trial court sentenced him to state prison.”
Milton Rosales Rivera v. Loretta E. Lynch, 816 F.3d 1064 (9th Cir. 2016). “There, we held that California Penal Code section 148.9(a) (false representation of identity to a péace officer “to evade the process of the court, or to evade the proper identification of the person by the investigating officer”) was not a CIMT.”
People v. Chardon, 99 Cal. Daily Op. Serv. 10076 (Cal. Ct. App. 1999). · cites it 3× “In addition, at the time of sentencing, defendant was facing a separate charge of giving false identification to a peace officer (Pen. Code, § 148.9). On October 27, 1997, a CHP officer had attempted to serve a warrant for defendant’s arrest.”
K.R. v. Superior Court of Sacramento Cnty., 396 P.3d 581 (Cal. 2017). “(e) ; Pen. Code, §§ 148.9, subd. (a), 626.8, subd.”
People v. D.B., 320 P.3d 1136 (Cal. 2014). “resisted arrest and falsely identified himself to a police officer (Pen. Code, § 148.9, subd. (a)). Neither of these offenses is listed in section 707(b).”
People v. Dynes, 229 Cal. Rptr. 3d 133 (Cal. Ct. App. 5th 2018). “Code, § 21310 ); and count II, misdemeanor giving false information to a police officer ( Pen. Code, § 148.9, subd. (a) ), with one prior strike conviction and six prior prison term enhancements.”
Show all 140 citing cases →
— Cal. Penal Code § 148.9(a) — 5 cases
Ha Nguyen v. Ben Curry, 736 F.3d 1287 (9th Cir. 2013). “Health & Safety Code § 11350 (a) (“Count One”); felony possession of a forged driver’s license with intent to facilitate forgery, CaLPenal Code § 470b (“Count Two”); and misdemeanor false identification to a peace officer, CaLPenal Code § 148.9(a) (“Count Three”).”
Milton Rosales Rivera v. Loretta E. Lynch, 816 F.3d 1064 (9th Cir. 2016). “There, we held that California Penal Code section 148.9(a) (false representation of identity to a péace officer “to evade the process of the court, or to evade the proper identification of the person by the investigating officer”) was not a CIMT.”
United States v. Richard Samuel Huffhines, 967 F.2d 314 (9th Cir. 1992). “Huffhines did so and as soon as he was outside, he was arrested for falsely identifying himself to a police officer in violation of California Penal Code § 148.9. He was searched and a set of car keys was found in his possession.”
Natavidad Duran Escobar v. Loretta E. Lynch, 846 F.3d 1019 (9th Cir. 2017).
Pierce v. Cnty. of Marin, 291 F. Supp. 3d 982 (N.D. Cal. 2018).
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