SB 644, as introduced, Cannella. Identity theft.
Existing law provides that every person who willfully obtains personal identifying information, as defined, of another person, and uses that information for an 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.
This bill would make technical, nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 530.5 of the Penal Code is amended to
2read:
(a) Every person who willfully obtains personal
4identifying information, as defined in subdivision (b) of Section
5530.55, of another person, and uses that information forbegin delete anyend deletebegin insert anend insert
6 unlawful purpose, including to obtain, or attempt to obtain, credit,
7goods, services, real property, or medical information without the
8consent of that person, is guilty of a public offense, and upon
9conviction therefor, shall be punished by a fine, by imprisonment
10in a county jail not to exceed one year, or by both a fine and
P2 1imprisonment, or by imprisonment pursuant to subdivision (h) of
2Section 1170.
3(b) Inbegin delete anyend deletebegin insert
aend insert case in which a person willfully obtains personal
4identifying information of another person, uses that information
5to commit a crime in addition to a violation of subdivision (a), and
6is convicted of that crime, the court records shall reflect that the
7person whose identity was falsely used to commit the crime did
8not commit the crime.
9(c) (1) Every person who, with the intent to defraud, acquires
10or retains possession of the personal identifying information, as
11defined in subdivision (b) of Section 530.55, of another person is
12guilty of a public offense, and upon conviction therefor, shall be
13punished by a fine, by imprisonment in a county jail not to exceed
14one year, or by both a fine and imprisonment.
15(2) Every person who, with the intent to defraud, acquires or
16retains possession of the personal identifying
information, as
17defined in subdivision (b) of Section 530.55, of another person,
18and who has previously been convicted of a violation of this
19section, upon conviction therefor shall be punished by a fine, by
20imprisonment in a county jail not to exceed one year, or by both
21a fine and imprisonment, or by imprisonment pursuant to
22subdivision (h) of Section 1170.
23(3) Every person who, with the intent to defraud, acquires or
24retains possession of the personal identifying information, as
25defined in subdivision (b) of Section 530.55, of 10 or more other
26persons is guilty of a public offense, and upon conviction therefor,
27shall be punished by a fine, by imprisonment in a county jail not
28to exceed one year, or by both a fine and imprisonment, or by
29imprisonment pursuant to subdivision (h) of Section 1170.
30(d) (1) Every person who, with the intent to defraud, sells,
31
transfers, or conveys the personal identifying information, as
32defined in subdivision (b) of Section 530.55, of another person is
33guilty of a public offense, and upon conviction therefor, shall be
34punished by a fine, by imprisonment in a county jail not to exceed
35one year, or by both a fine and imprisonment, or by imprisonment
36pursuant to subdivision (h) of Section 1170.
37(2) Every person who, with actual knowledge that the personal
38identifying information, as defined in subdivision (b) of Section
39530.55, of a specific person will be used to commit a violation of
40subdivision (a), sells, transfers, or conveys that same personal
P3 1identifying information is guilty of a public offense, and upon
2conviction therefor, shall be punished by a fine, by imprisonment
3pursuant to subdivision (h) of Section 1170, or by both a fine and
4imprisonment.
5(e) Every person who commits mail theft, as
defined in Section
61708 of Title 18 of the United States Code, is guilty of a public
7offense, and upon conviction therefor shall be punished by a fine,
8by imprisonment in a county jail not to exceed one year, or by both
9a fine and imprisonment. Prosecution under this subdivision shall
10not limit or preclude prosecution under any other provision of law,
11including, but not limited to, subdivisions (a) to (c), inclusive, of
12this section.
13(f) An interactive computer service or access software provider,
14as defined in subsection (f) of Section 230 of Title 47 of the United
15States Code, shall not be liable under this section unless the service
16or provider acquires, transfers, sells, conveys, or retains possession
17of personal information with the intent to defraud.
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