Identity Theft (Penal Code 530.5)

Penal Code 530.5 makes it an offence to wilfully obtain someone’s personal identifying information and use it for any unlawful purpose without their consent. Subdivision (c) separately covers acquiring or retaining another person’s information with intent to defraud. It is a wobbler — chargeable as a felony or a misdemeanour.

Why the totals get large

Identity theft rarely appears as one count. Where several people’s information is involved, each can be charged separately, and counts stack on the countywide schedule. It also travels with companion charges:

• Forgery and fraud — see fraud and forgery.
• Access card offences under PC 484e and related sections.
• Grand theft where the loss exceeds $950 — see theft and shoplifting.
• Receiving stolen property — see PC 496.

The source-of-funds issue

Where money is at the heart of the allegation, a court may examine where the bail money comes from. Penal Code 1275.1 allows a court to refuse bail funds it has reason to believe were feloniously obtained until their legitimate source is shown. That can delay release even after the full amount is offered. See PC 1275 holds. Keep documentation of where the money came from.

Federal overlap

Some identity theft is prosecuted federally instead of, or as well as, in state court. Federal detention is a separate system and a California state bail bond does not apply to it. American Freedom Bail Bonds handles California state bail only.

Related: false identification to police

Giving a false name at a stop is a different, lesser offence under PC 148.9 — see false identification.

Working out the amount, and what can change it

The figure comes from the countywide schedule that Penal Code 1269b requires each county’s judges to adopt and revise annually — which is why Orange and Los Angeles County can attach different numbers to identical conduct. A judge may raise bail under Penal Code 1269c, a hearing may be required in serious cases under 1270.1, and under In re Humphrey (2021) 11 Cal.5th 135 a court must consider ability to pay before setting money bail that results in detention.

Where they are, and where the case is heard

Which facility is holding the person decides how much time you actually have — a Temporary Holding facility must move someone within 24 hours, while a Type I city jail may hold an adult up to 96 hours excluding holidays. See what the classifications mean, our Orange County and Los Angeles County jail guides, and find an inmate. Neither county’s Superior Court publishes a city-by-city criminal assignment table, so the release paperwork governs the court date — see release paperwork.

Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.

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Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing on this page is legal advice, and we cannot predict how any case will be charged or resolved. Charging decisions are made by the prosecutor, and bail schedules are revised annually. California bail license 1841014.