Cal. Codes » Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 13. OF CRIMES AGAINST PROPERTY / CHAPTER 8. False Personation and Cheats
California Codes

Cal. Penal Code § 530.5 (2026)

False Personation and Cheats

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(a)Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55, 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, is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.

(b)In any case in which a person willfully obtains personal identifying information of another person, uses that information to commit a crime in addition to a violation of subdivision (a), and is convicted of that crime, the court records shall reflect that the person whose identity was falsely used to commit the crime did not commit the crime.

(c)(1)Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment.

(2)Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and who has previously been convicted of a violation of this section, upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.

(3)Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of 10 or more other persons is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.

(d)(1)Every person who, with the intent to defraud, sells, transfers, or conveys the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.

(2)Every person who, with actual knowledge that the personal identifying information, as defined in subdivision (b) of Section 530.55, of a specific person will be used to commit a violation of subdivision (a), sells, transfers, or conveys that same personal identifying information is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment pursuant to subdivision (h) of Section 1170, or by both a fine and imprisonment.

(e)Every person who commits mail theft, as defined in Section 1708 of Title 18 of the United States Code, is guilty of a public offense, and upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment. Prosecution under this subdivision shall not limit or preclude prosecution under any other provision of law, including, but not limited to, subdivisions (a) to (c), inclusive, of this section.

(f)An interactive computer service or access software provider, as defined in subsection (f) of Section 230 of Title 47 of the United States Code, shall not be liable under this section unless the service or provider acquires, transfers, sells, conveys, or retains possession of personal information with the intent to defraud.

Notes of Decisions
Cited in 179 cases (60 in the last 5 years), 2003–2026 · leading case: People v. Jimenez, 459 P.3d 33 (Cal. 2020).
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People v. Jimenez, 459 P.3d 33 (Cal. 2020). · cites it 2× “(Pen. Code, § 530.5, subd. (a).)2 That distinction matters in this case.”
People v. Williams, 245 Cal. App. 4th 458 (Cal. Ct. App. 2016). · cites it 2× “(a) ); identity theft (Pen.Code, § 530.5, subd. (a) ); and three counts of identifying information theft (Pen.”
People v. Whitmer, 329 P.3d 154 (Cal. 2014). · cites it 2× “One of the claims on appeal was that she could not be convicted of two violations of unlawful use of personal identifying information (Pen. Code, § 530.5, subd. (a)) based upon her use of the victim‘s driver‘s license to make purchases at two different stores.”
People v. Rouse, 245 Cal. App. 4th 292 (Cal. Ct. App. 2016). “FACTUAL AND PROCEDURAL BACKGROUND In January 2012, defendant pled guilty to four felony counts: identity theft (Pen. Code, § 530.5, subd. (a); count 1), second degree commercial burglary (Pen.”
CTC Real Est. Servs. v. Lepe, 140 Cal. App. 4th 856 (Cal. Ct. App. 2006). · cites it 3× “(c); Pen. Code, § 530.5, subd. (b)) can be the object of theft.”
People v. Mullins, 19 Cal. App. 5th 594 (Cal. Ct. App. 2018). “" Penal Code section 530.5, subdivision (a) provides, in pertinent part: "Every person who willfully obtains personal identifying information [including a PIN] .”
People v. Weir, 33 Cal. App. 5th 868 (Cal. Ct. App. 2019). · cites it 2× “) *873 II California Penal Code Section 530.5 is a Nontheft Offense We must decide whether a violation of section 530.”
People v. Hall, 39 Cal. App. 5th 502 (Cal. Ct. App. 2019). “*503 Defendant Amanda Sue Hall pled no contest to three counts of identity theft with a prior ( Pen. Code, § 530.5, subd. (c)(2) ). (All further statutory references are to the Penal Code unless otherwise indicated.”
People v. Andra, 156 Cal. App. 4th 638 (Cal. Ct. App. 2007). “A jury convicted defendant Tiffany Andra of five counts of identity theft (Pen. Code, § 530.5, subd. (a); hereafter, undesignated section references are to the Penal Code), 1 two counts of second degree commercial burglary (§ 459), two counts of forgery (§ 470, subd.”
People v. Lopez, 453 P.3d 150 (Cal. 2019). “9 (giving false identity to a peace officer), and perhaps in violation of Penal Code section 530.5 (false personation).”
People v. Solis, 245 Cal. App. 4th 1099 (Cal. Ct. App. 2016). “(a) ; count 2); and theft of identifying information, a misdemeanor (Pen.Code, § 530.5, subd. (c)(1) ; count 11).”
People v. Roderick Wash., 23 Cal. App. 5th 948 (Cal. Ct. App. 2018). “We reverse and remand for the trial court to further consider the petition along with the record of conviction. FACTUAL AND PROCEDURAL BACKGROUND Based on the incomplete record before us, it appears that in 2002, petitioner was convicted of (1) identity theft ( Pen.”
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Cal. Penal Code § 530.5(a): 7 cases
Tijani v. Holder, 598 F.3d 647 (9th Cir. 2010).
Hyshaw v. State, 893 So. 2d 1239 (Ala. Crim. App. 2003).
Tijani v. Holder, 628 F.3d 1071 (9th Cir. 2010).
Tijani v. Holder, 628 F.3d 1071 (9th Cir. 2010).
People v. Meeker, No. A157693 (Cal. Ct. App. Sept. 25, 2020).
Cal. Penal Code § 530.5(b): 1 case
Powers v. Covello, No. 4:20-cv-04244 (N.D. Cal. Apr. 22, 2022).
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