California Penal Code Section 530.5 is defined as the Unauthorized use of Personal Identifying Information of another person. Every person who willfully obtains the personal identifying information 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, with without consent, can be charged with PC 530.5. PC 530.5(c)(3), can be prosecuted as a felony, which means, if convicted, the person could be sentenced to prison.
The District Attorney must prove the following to convict someone of PC 530.5:
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 the consent of the person whose identifying information he or she was using.
Personal Identifying Information:
Personal identifying information includes a person, alive or dead, or a firm, association, organization, partnership, business trust, company, corporation, limited liability company, public entity, or any other legal entity.
Defenses:
There may be many defenses applicable to your case, including whether or not your Fourth Amendment Rights were violated to search and seize the property. There may also be an issue with any statements that were made, and whether they were made in violation of your Fifth Amendment Miranda Rights. PC 530.5 must be done willfully. Was there consent to use the information or are you being wrongfully accused? Those are some defenses that may be explored by an experienced criminal defense attorney.
If you have been charged or are under investigation for PC 530.5, contact Kern Law, APC today. We have many years of experience representing clients charged with PC 530.5.