SB 1307, as introduced, Wyland. Identity theft: fines.
Existing law makes it a misdemeanor to acquire or retain, with the intent to defraud, possession of the personal identifying information of another person. Under existing law, a 2nd commission of this offense and the commission of this crime against 10 or more victims may be charged as either a misdemeanor or a felony. Existing law makes it a crime, punishable as either a misdemeanor or a felony, to sell, transfer, or convey the personal identifying information of another with the intent to defraud. Existing law also makes it a felony to sell personal information with the knowledge that it will be used for an unlawful purpose.
Under existing law a misdemeanor is punishable by a term of imprisonment of not more than one year in county jail and, unless otherwise provided, a fine not to exceed $1,000.
This bill would specify that the fine for committing any of the above crimes, other than acquiring or retaining possession of the personal identifying information of 10 or more victims, if charged as a misdemeanor, is not to exceed $5,000, and the fine for acquiring or retaining possession of the personal identifying information of 10 or more victims, if charged as a misdemeanor, is not to exceed $10,000.
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) begin deleteEvery end deletebegin insertA end insertperson 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
11imprisonment, or by imprisonment pursuant to subdivision (h) of
12Section 1170.
13(b) Inbegin delete anyend deletebegin insert aend insert case in which a person willfully obtains personal
14identifying information of another person, uses that information
15to commit a crime in addition to a violation of subdivision (a), and
16is convicted of that crime, the court records shall reflect that the
17person whose identity was falsely used to commit the crime did
18not commit the crime.
19(c) (1) begin deleteEvery end deletebegin insertA end insertperson
who, with the intent to defraud, acquires
20or retains possession of the personal identifying information, as
21defined in subdivision (b) of Section 530.55, of another person is
22guilty of a public offense, and upon conviction therefor, shall be
23punished by a finebegin insert not to exceed five thousand dollars ($5,000)end insert,
24by imprisonment in a county jail not to exceed one year, or by both
25begin delete aend deletebegin insert thatend insert fine and imprisonment.
26(2) Every person who, with the intent to defraud, acquires or
27retains possession of the personal identifying information, as
28defined in subdivision (b) of Section 530.55, of another person,
29and who has previously been convicted of a violation of this
30
section, upon conviction therefor shall be punished by a finebegin insert not
31to exceed five thousand dollars ($5,000)end insert, by imprisonment in a
32county jail not to exceed one year, or by bothbegin delete aend deletebegin insert thatend insert fine and
33imprisonment, or by imprisonment pursuant to subdivision (h) of
34Section 1170.
35(3) Every person who, with the intent to defraud, acquires or
36retains possession of the personal identifying information, as
37defined in subdivision (b) of Section 530.55, of 10 or more other
38persons is guilty of a public offense, and upon conviction therefor,
P3 1shall be punished by a finebegin insert
not to exceed ten thousand dollars
2($10,000)end insert, by imprisonment in a county jail not to exceed one year,
3or by bothbegin delete aend deletebegin insert thatend insert fine and imprisonment, or by imprisonment
4pursuant to subdivision (h) of Section 1170.
5(d) (1) Every person who, with the intent to defraud, sells,
6transfers, or conveys the personal identifying information, as
7defined in subdivision (b) of Section 530.55, of another person is
8guilty of a public offense, and upon conviction therefor, shall be
9punished by a finebegin insert not to exceed five thousand dollars ($5,000)end insert,
10by imprisonment in a county jail not to exceed one year, or by
both
11begin delete aend deletebegin insert
thatend insert fine and imprisonment, or by imprisonment pursuant to
12subdivision (h) of Section 1170.
13(2) Every person who, with actual knowledge that the personal
14identifying information, as defined in subdivision (b) of Section
15530.55, of a specific person will be used to commit a violation of
16subdivision (a), sells, transfers, or conveys that same personal
17identifying information is guilty of a public offense, and upon
18conviction therefor, shall be punished by a finebegin insert not to exceed five
19thousand dollars ($5,000)end insert, by imprisonment pursuant to
20subdivision (h) of Section 1170, or by bothbegin delete aend deletebegin insert thatend insert fine and
21imprisonment.
22(e) Every person who commits mail theft, as defined in Section
231708 of Title 18 of the United States Code, is guilty of a public
24offense, and upon conviction therefor shall be punished by a fine,
25by imprisonment in a county jail not to exceed one year, or by both
26a fine and imprisonment. Prosecution under this subdivision shall
27not limit or preclude prosecution under any other provision of law,
28including, but not limited to, subdivisions (a) to (c), inclusive, of
29this section.
30(f) An interactive computer service or access software provider,
31as defined in subsection (f) of Section 230 of Title 47 of the United
32States Code, shall not be liable under this section unless the service
33or provider acquires, transfers, sells, conveys, or retains possession
34of personal information with the intent to defraud.
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