Identity Theft

To prove a defendant is guilty of identity theft, also known as unauthorized use of personal identifying information, the prosecution must prove that:
(1) the defendant willfully obtained someone else’s personal identifying information,
(2) the defendant willfully used that information for an unlawful purpose, AND
(3) the defendant used the information without consent of the person whose indentifying information he or she was using.

Personal identifying information includes the name, address, telephone number, health insurance identification number, taxpayer identification number, school identification number, state or federal driver’s license number or identification number, social security number, place of employment, employee identification number, mother’s maiden name, demand deposit account number, savings account number, checking account number, personal identification number PIN or password, alien registration number, government passport number, date of birth, unique biometric data such as fingerprints, facial-scan identifiers, voice print retina or iris image, or other unique physical representation, and unique electronic data such as identification number, address, or routing code, telecommunication identifying information or access device, and credit card number of an individual person. As used here, the term “person” means a human being, firm, association, organization, partnership, business trust, company, corporation, limited liability company, or public entity. Someone commits an act willfully when he or she does it willingly or on purpose. An unlawful purpose includes unlawfully obtaining, or attempting to obtain, credit, goods, services, or medical information in the name of another person. (CALCRIM No. 2040; Cal. Penal Code §530.5)

There are many different crimes related to the theft or unlawful use of personal information. The specific crime charged will depend on the facts and circumstances of each case and the prosecution’s theory of the case. The elements explained above relate to the crime of identity theft and are meant to provide general information regarding some of the most common issues presented in such cases.

If you or someone you love has been charged with identity theft, call The Scranton Law Firm and speak with one of our experienced California criminal defense attorneys today. Consultations are always free!